Buttan Prasad vs The State of Jharkhand and Others

Alok Singh

Petitioner was granted pay scale of Rs. 3050-4590/- w.e.f. 09.08.1999 vide letter dated 24.07.2003 (Annexure 5). Vide impugned order dated 13.10.2001 (Annexure 4), pay scale of the petitioner was reduced to 3200/- per month w.e.f. 01.01.1996. The only grievance of the petitioner is that the petitioner was not heard before passing the impugned order (Annexure 4). Petitioner should have been issued show cause notice and heard before reducing the pay scale.

By the impugned order, excess amount paid to the petitioner was also directed to recalculated and recovered from the petitioner.

Hon''ble Apex Court, in the case of Syed Abdul Qadir and Others Vs. State of Bihar and Others, , has ruled that if an employee has not played any misrepresentation or fraud, in getting the excess amount paid, then, recovery of the same, should not be initiated against the said employee. Therefore, the present writ petition is allowed. However, authority -respondents shall be at liberty to pass fresh order after show cause notice to the petitioner, on the question of the fixation of his pay scale. However, no recovery of excess payment, if any, shall be made from the petitioner.