HIRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this Original Application, the Applicant has challenged the impugned Notice dated 03.11.2010 issued to him asking to show cause as to why his pay shall not be refixed in the pay scale of Rs. 4500 -125 -7000 with retrospective effect from 09.08.1999 and the subsequent letter dated 15/20.12.2010 fixing his pay in the aforesaid scale.

(2.) THE brief facts of the case are that the Applicant was appointed as a Store Keeper -cum -Clerk with Respondent No. 4, i.e., Area Accounts Officer, Agra Cantt., with effect from 04.02.1970. The pay scale of the said post prior to 01.01.1996 was Rs. 950 -1500. The Respondents, vide their letter dated 31.01.994, granted in situ promotion to him and upgraded his scale of pay from Rs. 950 -1500 to Rs. 1200 -2040 with effect from 01.01.1996. On the recommendations of the Vth Pay Commission, the scale of pay of Rs. 1200 -2040 was revised to Rs. 4000 -100 -6000. Accordingly, his pay was fixed in the aforesaid scale of Rs. 4000 -100 -6000 and he was granted the basic pay of Rs. 4800/ - as on 01.01.1996. The aforesaid fixation of pay was done with the approval of the Assistant Accounts Officer (Army). When the Government of India introduced the Assured Career Progression Scheme (ACP Scheme for short) with effect from 01.08.1999, he was granted the 2nd financial up -gradation in the scale of pay of Rs. 5000 -150 -8000. Thereafter, he has drawn periodical increments in the aforesaid scale from 01.02.2000 till he retired from service on 31.10.2005. Accordingly, his monthly pension and all other terminal benefits have been determined and paid to him with effect from 01.01.2006.

(3.) THE Respondents challenged the aforesaid order before the Hon'ble High Court of Delhi vide Writ Petition (Civil) No. 9754/2009 and the High Court, vide its order dated 01.09.2010, modified it holding that the recoveries shall not be refunded in terms of the impugned order but should it be ultimately in favour of the Respondent (Applicant herein), they shall be refunded. The said order reads as under: -