UNION OF INDIA Vs. RAKESH CHANDRA SHARMA

JUDGEMENT

(1.) This writ petition has been filed challenging the Judgment and order dated May 23, 2003 passed by the Central Administrative Tribunal, partly allowing the application of the respondents No. 1 to 5 issuing direction not to recover the amount already paid to them.

(2.) Facts and circumstances giving rise to this case are that the said respondents were engaged as casual employees on different dates between 1979 to 1985. They were conferred temporary status in Group "D" category with effect from November 29, 1989. They were treated at par with temporary Group "D" employees after completing three years of service vide order dated November 22, 1995. After considering the recommendations of the Fifth Pay Commission, they had been fixed in the pay scale of Rs. 750-940/-, i.e. revised pay scale of Rs. 2660/-. Subsequently, vide Office Memorandum dated October 24, 1997, the instructions were issued to fix their salary at Rs. 2550/-. The said order was not given effect to immediately and the said respondents continued to receive the pay as fixed earlier and hence the order was passed to make the recovery. Being aggrieved and dissatisfied, the said respondents approached the learned Tribunal. By impugned judgment and order dated May 23, 2003, the Tribunal dismissed their applications to the extent that they were not entitled for the pay scale of Rs. 2,660/-and they could get the salary in the pay scale of Rs. 2,550-3200/-. But considering the facts and circumstances of the case, it was directed that the present petitioner shall not recover the amount which had already been paid to them and if already recovered, it should be refunded to them. Hence, this petition.

(3.) The only controversy involved in this case is as to whether the learned Tribunal could have passed the order not to make the recovery of the excess amount which had been paid to the said respondents for which they were not entitled in law.