CHIEF ENGINEER GENERAL Vs. M THANASEKARAN

JUDGEMENT

(1.) THIS appeal raises the question as to whether recovery could be ordered in respect of erroneous payment made to an employee. The respondent was appointed as Nominal Muster Roll employee under the Control of the Chief Engineer, Public Works Department during the year 1970. After completion of 10 years of service, his service was regularised as Fitter with effect from 01.01.1991 and thereafter he was accorded selection grade on completion of 10 years of service in the said post. His scale of pay as Fitter was prescribed as per pay rules at Rs.1200-2040/- Thereafter it was revised after the Pay Commission Recommendations to Rs.4000-

(2.) 6000/- by the proceedings of the Assistant Executive Engineer, dated 15.07.1996 and arrears due with effect from 01.01.1991 was also extended to the petitioner. However, by proceedings of the Executive Engineer, Public Works Department, dated 23.10.2002 directed recovery of excess payment of salary (i.e) he is entitled only to Rs.3625-4900/- and instead his scale was fixed at Rs.4000-6000/- the said order was questioned before the Tamil Nadu State Administrative Tribunal, which was later transferred to this court and converted into one of W.P.No,27601 of 2005.