UNION OF INDIA Vs. JANGAM ANANT AMRUTLING

JUDGEMENT

(1.) By this Petition, petitioner is challenging the order passed by the Central Administrative Tribunal (For short "CAT") whereby a direction was given to the Union of India by the CAT not to recover any excess amount paid to the respondent and with further direction that if any amount has already been recovered in consequence of the orders passed after refixation of the respondent s pay-scale in the scale of Rs 1320-2040, the same shall be refunded to the respondent.

(2.) Brief facts which are relevant for the purpose of deciding this Writ Petition are as under:-

(3.) Respondent was appointed as a Laboratory Technician on ad-hoc basis with petitioner No.3 - Institute with effect from 3/5/1984 and his services were regularized with effect from 28/9/1984 in the pay-scale of Rs 380-560. After the Fourth Pay Commission Report was submitted and during the implementation of the said Fourth Pay Commission Report, according to the petitioners, there was a genuine error of interpretation of the Fourth Pay Commission recommendations and the respondent was placed in the replacement pay-scale of Rs 1400-2300 though the correct pay-scale in replacement of the pre-revised pay scale of Rs 380-560 should have been Rs 1320-2040. This error was brought to the notice of the petitioners after the Fifth Pay Commission report was submitted and during the implementation of the Fifth Pay Commission Report, this error was noticed. A show cause notice dated 23/6/1999 was, therefore, issued to the respondent and the orders were issued to place the respondent in the pay-scale of Rs 1320-2040 with effect from 1/1/1986 and recovery was sought to be made in respect of the excess payment made to the respondent. Respondent filed O.A. before the CAT. The O.A. was partly allowed and the Tribunal held that the error committed by the petitioners was purely an administrative error and it was open to the administration to rectify the error after giving opportunity to the respondent. The Tribunal, however, directed the petitioners not to recover the excess amount wrongly paid to the respondent. Being aggrieved by the said impugned order dated 23/4/2003, the Union of India has filed this Writ Petition.