VINOD KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) All these writ petitions involve the similar set of controversy and, therefore, all the writ petitions are being decided by this common judgment. But for the sake of convenience, the facts of Writ Petition No.1387 of 2017 (S/S) Vinod Kumar vs. State of Uttarakhand and others are being considered.

(2.) The petitioner has filed the present writ petition seeking a direction for quashing the order dtd. 30/1/2013 issued by respondent no.4-Secretary, Krishi Utpadan Mandi Samiti, Gadarpur, District Udham Singh Nagar whereby a direction was made to recover a sum of Rs.5,16,156.00 from the petitioners for the reason that some excess payment has been made to the them while giving the benefit of Fifth and Sixth Pay Commission.

(3.) During the relevant period, the petitioners were posted as a Peon with respondent-Mandi Samiti, Gadarpur. A Fifth Pay Commission was pronounced and was implemented in the year 1996 with effect from 1/1/1996 and revised pay scale was provided to the employees of State Government as well as employees of the local bodies including the Krishi Utpadan Mandi Samiti to the extent a Government order was issued on 31/7/2002 by the erstwhile State of Uttar Pradesh and the aforesaid order was also adopted by the State of Uttarakhand and the same was implemented to the extent that the benefit of Fifth Pay Commission was extended to the employees of Krishi Utpadan Mandi Samiti. Subsequently, the order was issued and the salary of the employees of Krishi Utpadan Mandi Samiti was re-fixed including that of the petitioner in accordance with the recommendations of Fifth Pay Commission. Accordingly, the petitioner's pay was fixed on 4/10/2010 as Rs.2650.003300-4,090/- on 4/10/2010. In the year 2006 the Sixth Pay Commission was pronounced and was implemented with effect from 1/1/2006 and accordingly, the pay scale of the petitioner was fixed as Rs.5200.0020200/- on 24/3/2011 and such benefit was extended to the petitioner. Accordingly, after re-fixation of the pay scale of the petitioner, the arrears of Fifth Pay Commission and Sixth Pay Commission was paid to the petitioner to the tune of Rs.5,16,156.00but surprisingly, vide impugned order dtd. 30/1/2013 the petitioner was issued the notice whereby it has been stated that the petitioner including other petitioners were given excess payment towards arrears of their salary and, therefore, the arrears which was given to the petitioner was required to be paid back by the petitioner to the Mandi Parishad and accordingly, a direction was made to the petitioner to inform as to how and in what manner the excess payment made to the petitioner may be recovered from him.