RAJPAL SINGH Vs. UOI AND ORS

JUDGEMENT

(1.) Vide impugned order dated March 23, 2012, review whereof was declined vide order dated July 24, 2012, which order is also under challenge, the Tribunal has required the respondent to re-consider the matter pertaining to recovery of excess payment if any made to the petitioner after June, 1998; returning a determinative finding that when he joined service in the Corps of EME of the Indian Army in the year 1987, petitioner would be entitled to be placed in the pay scale Rs. 950-1500, later on revised to Rs. 3050- 4500, and thus first ACP benefit would entitle him to be placed in the pay scale Rs. 4000-6000. Petitioner was claiming a right to be placed in the pay scale Rs. 1200-1800 which was replaced by the scale Rs. 4000-6000 and hence ACP benefit in the pay scale Rs. 5000-8000.

(2.) It is not in dispute that in the corps of EME, pertaining to artisans, there were three posts in three pay scales as under:-

(3.) It is not in dispute that the petitioner was an ex-serviceman and when employed in the corps or EME in the year 1987 was paid salary in the pay scale Rs. 1200-1800. This continued for years together when the respondents took the stand that the petitioner had to be paid salary in the pay scale Rs. 950-1500; a stand with which the Tribunal has agreed. The resultant effect is the petitioner being given ACP benefit by putting him in the pay scale Rs. 4000-6000 as against Rs. 5000-8000, which he claims, and recoveries made.