SUNNY MATHEW Vs. UNION OF INDIA

JUDGEMENT

(1.) An ex-army Captain who had been absorbed in a public sector undertaking is the writ petitioner. The question is with regard to pay fixation and; recovery of excess payment,

(2.) The writ petitioner joined the service of Indian Army with effect from 20th October 1975. He had six years service to his credit in the Army. His period of service in the Army ended on 18th November 1981. On 16th May 1984 he was appointed as Junior Security cum Liaison Officer in the State Bank of Travancore. Ext. P1 is the letter of appointment issued by the State Bank of Travancore on 12th May 1984. As per Ext. P1 the petitioner is given the basic pay of Rs. 700 per mensem in the scale of Rs. 700-40-900-50-1100-EB-1200-60-1800 in the Junior Management Grade as applicable to ex-service men employees of the Bank. Subsequently on the basis of the Government orders the petitioner's basic pay was fixed at Rs. 950, since it did not exceed the basic pay of Rs. 1,800 as last drawn by him in the army service. In the year 1986 the pay scale of the officers of the State Bank of Travancore was revised. Consequently the petitioner's basic pay was fixed at Rs. 1,545 in the revised pay scale. However by Ext. P-4 the State Bank of Travancore proposed to revise the pay scale in the case of all Ex-ECOs./SSCOs. Apprehending reduction in the pay scale, the petitioner submitted a representation before the Bank. The petitioner did not receive any reply. However the second respondent, General Manager of the Bank, without issuing; any notice and without even affording an opportunity to file representation, issued Ext. P5 memorandum fixing the basic pay of the petitioner at Rs. 1,295. It was also proposed to recover the alleged excess payment in monthly instalments from the salary. It was under that situation the petitioner came before this court with the present writ petition.

(3.) The Ext. P-2 order of the Government of India, inter alia, provides thus: