R K GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by order dated 29.10.2005 passed by the respondent no.3 whereby the higher pay scale of Rs.4,100-8900/-, awarded to the petitioner by order dated 23.10.2003, is sought to be withdrawn and the petitioner has been placed in the lower scale and the excess amount paid to the petitioner has been directed to be recovered.

(2.) The respondents have sought to justify the order passed by them stating that the higher pay scale was erroneously given to the petitioner though he was only entitled to salary in the scale of Rs.3,680-7700/- and, therefore, the scale of the petitioner has rightly been reduced and the excess paid to him is directed to be recovered.

(3.) However, the learned counsel appearing for the parties, i.e. the petitioner as well as the respondents, submit that identical issues raised by similarly placed petitioners have been decided by this Court in W.P No.11291/2009 (P. K. Sukrit vs. M.P. State Electricity Board) and connected matters by order dated 13.9.2010 and this Court, while upholding the order directing reduction of the scale, has quashed the same to the extent that it directed recovery of the excess amount paid to the petitioner relying upon the decision of the Supreme Court rendered in the case of Sahib Ram vs. State of Haryana, 1995 Supp1 SCC 18 and in such circumstances it is submitted by the learned counsel for the parties that the present petition be decided and disposed of in similar terms.