Full Judgment Text
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CASE NO.:
Appeal (civil) 6423 of 1998
PETITIONER:
UNION OF INDIA & ORS.
Vs.
RESPONDENT:
SMT. SUJATHA VEDACHALAM & ANR.
DATE OF JUDGMENT: 07/04/2000
BENCH:
V.N. KHARE & DORAISWAMY RAJU
JUDGMENT:
V.N. KHARE, J.
L...I...T.......T.......T.......T.......T.......T.......T..J
The respondent in C.A. No.6423/98 was working as a
Senior Accountant in the pay scale of Rs.1400-2600 in the
office of the Accountant General, Maharashtra at Nagpur and
was drawing a pay of Rs.1260/- per month. Subsequently for
personal reasons the respondent sought transfer to the
office of the Accountant General, Karnataka at Bangalore.
Her request for transfer was accepted on certain terms and
conditions stipulated by the appellants and the same were
accepted by the respondents. One of the conditions of the
transfer was that the respondent has to technically resign
from the post which she was holding and she was to join as
direct recruit to a lower post of Clerk in the pay scale of
950-1500. On acceptance of terms and conditions the
respondent was transferred as a Clerk to the office of
Accountant General, Karnataka at Bangalore. After the
transfer to a lower post her pay was erroneously fixed at
Rs.1250/- per month. Subsequently when the mistake came
into light her pay was fixed at a stage of Rs.1070/- by
order dated 1.12.1995. The order for recovery of excess pay
to the respondent was also passed. The respondent
challenged the said order before the Central Administrative
Tribunal and the tribunal allowed the Original Application
filed by the respondent. The writ petition filed by the
appellants was dismissed.
The respondent in C.A. No.6422/98 was working as
Accountant in the office of the Accountant General, Andhra
Pradesh at Hyderabad in the pay scale of Rs.1200-2040.
Subsequently, the respondent sought transfer from the office
of Accountant General, Andhra Pradesh to the office of the
Accountant General, Karnataka at Bangalore. The said
transfer was accepted with certain terms and conditions to
the effect that in case of such a transfer she has to
technically resign from the post of Accountant and accept
the reverted post of Clerk and has to join as a direct
recruit. After transfer to the post of Clerk in the office
of the Accountant General, Karnataka at Bangalore the pay of
respondent was fixed at Rs.1260/- per month. Subsequently
it was found that the pay of respondent on reversion ought
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to be fixed at Rs.1090/-. Consequently, orders for
re-fixation of pay and recovery of excess amount were
issued. The respondent challenged the said orders by means
of Original Application before the Central Administrative
Tribunal. The tribunal allowed the application of the
respondent and the writ petition filed by the appellants was
dismissed.
For the reasons stated in Civil Appeal No.13020/96
titled Comptroller & Auditor General of India & Ors. v.
Farid Sattar, decided today and decision of this Court in
Special Leave Petition No.9324/96 titled Chandan Saha v.
Union of India & Ors., decided on 25.4.96 the impugned
orders and judgments under appeal are set aside. Both these
appeals are allowed. There shall be no order as to costs.
However, so far as recovery of excess pay paid to the
respondents is concerned, the appellants may recover the
said amount in easy installments which may be spread over
for fifteen years or till the date of retirement whichever
is earlier.
STATE OF WEST BENGAL VS NARAYAN K.PATODIA