M. MADHEESWARAN Vs. THE MANAGING DIRECTOR SAGOSERVE SALEM STARCH & SAGO MANUFACTURERS SERVICE INDUSTRIAL CO-OPERATIVE SOCIETY LTD.

JUDGEMENT

(1.) BY consent, both the writ petitions are taken up for final disposal.

(2.) THE petitioners, who are in the services of the respondent, aggrieved by the impugned order dated 13.1.2014, in and by which, the excess salary fixed and paid, is sought to be recovered from them, have filed these writ petitions.

(3.) THE respondent in paragraph No. 8 of the affidavit filed in support of the vacate stay petition being M.P.No. 3 of 2014 in W.P.No. 15113 of 2014, would state that as per the Finance Department's letter dated 8.11.2010, G.O.Ms.No. 45, Finance (Pay Cell) Department, dated 10.2.2011, the Selection Grade/Special Grade Pay payable to the employees prior to 1.1.2006, whose cases the ordinary grade scale of pay was revised based on the recommendation of One Man Commission, was revised, based on which, the petitioner's (W.P.No. 15113/2014) Selection Grade Pay in the cadre of Junior Assistant was fixed as Rs. 5200 -20200+GP2800. The respondent would further aver that further, it was wrongly calculated and fixed as Rs.9300 -34800+GP4200 and on noting the same, the impugned proceedings came to be passed for recovery and also took a stand that in any event, the petitioners are not entitled to the benefit accrued out of wrong fixation of scales of pay.