UNION OF INDIA Vs. LAXMI DEVI

JUDGEMENT

(1.) Heard Mr. A.K. Dutta, learned CGC for the review petitioners. Also heard Mr. B.D. Das, learned Senior Counsel assisted by Ms. R. Deka and Mr. S.C. Biswas, learned counsels for the writ petitioners. Mr. R.K. Talukdar, learned counsel appears for the Comptroller and Auditor General of India (CAG).

(2.) The review petitioners' counsel submits that the impugned judgment and order dtd. 13/9/2022 passed in WP(C) 258/2022 and the other 7 writ petitions should be reviewed, inasmuch as, this Court had allowed the writ petitions by holding that there could not be a recovery of any excess payment of salary made to the writ petitioners, as they were holding Class-III (Group-C) post, in terms of the judgment of the Supreme Court in the case of State of Punjab and Ors. Vs. Rafiq Masih (White Washer), reported in (2015) 4 SCC 334.

(3.) The review petitioners' counsel submits that when going into the Pay Scale enjoyed by the writ petitioners and the Grade Pay being given to them, it is clear that the writ petitioners were holding Group-B posts and not Group-C posts. He also submits that while there had been wrong fixation of pay of the writ petitioners as far back as on 1/1/2006, the writ petitioners had executed Undertakings in the year 2008 that they would refund back the excess pay given to them, due to any wrong fixation of pay. He submits that the recovery of the wrong fixation of pay of the petitioners started in the year 2021 and as the Undertakings given by the writ petitioners were still valid, there was no infirmity in the recovery of the excess pay given to the petitioners even after 15 years.