Employers May Recitfy Erroneous Pay Fixation but are Precluded from Recovering Excess Payments from Group C and D Employees

The petitioners (UT of J&K) challenged several orders passed by the Central Administrative Tribunal (CAT), Jammu, which had quashed the recovery of excess payments and directed the restoration of higher pay/pension for various employees

The employees (respondents), belonging to Class-III and Class-IV categories, had been granted upgraded pay scales (notably ₹950-1500) under SRO 59 of 1990 and subsequent circulars

The Government contended that upon the implementation of SRO 14 of 1996 (granting in-situ promotions), the benefits of SRO 59 became redundant, and the respondents were illegally drawing "dual benefits"

The Government sought to re-fix the pay/pension and recover the overpayments, citing S.O. 129 of 2022 to bypass the usual 24-month limitation on auditing past emoluments

Government Instruction No. 1 to Article 242 of the J&K Civil Service Regulations (CSR), which generally limits the verification of emoluments to 24 months preceding retirement

S.O. 129 of 2022 (Instruction No. 2), which removes this 24-month bar in cases where "undue benefit" of deleted/withdrawn SROs was granted

State of Punjab v. Rafiq Masih (White Washer), which prohibits recoveries from Class-III/IV employees or when payments exceed five years

Syed Abdul Qadir v. State of Bihar, noting that relief against recovery is a matter of equity, not a vested right

The court reasoned that "correctness of emoluments" in Instruction No. 1 typically covers individual clerical or arithmetical errors, but does not shield an entire class of employees from the rectification of unauthorized dual benefits resulting from administrative oversight

By introducing Instruction No. 2 via S.O. 129, the Government explicitly empowered itself to correct errors related to withdrawn SROs regardless of the time elapsed

The court found that SRO 59 and SRO 14 were mutually exclusive, and the respondents had no legal right to enjoy both simultaneously

However, applying the Rafiq Masih criteria, the court determined that since the respondents were Group ‘C’ and ‘D’ employees and the errors were not attributed to any fraud on their part, recovering decades of overpayments would cause "undue and inequitable hardship"

It held that while the Government cannot recover excess amounts already paid to the respondents (and must refund any amounts already seized), the Government is at liberty to re-fix the future pay and pension of the respondents by excluding the wrongly granted benefits

The court affirmed that "a mistake is always a mistake," and while equity prevents recovery, it does not mandate the perpetual continuation of an illegal pay scale