Harendra Lal and Others vs State of Uttarakhand and Others

B.S. Verma, J.—Heard learned Counsel for the parties and perused the record.

The grievance of the petitioners is that they were granted revised pay scale vide order dated 06-03-2006 w.e.f. 1st April 2001 again which was revised and earlier order was amended. The petitioners were entitled for the revised pay scale w.e.f 21-08-2004 instead of 01-04-2001 on the basis of Government Order dated 24-12-2007.

On the basis of subsequent Government Order, the respondent No. 3 issued a direction to recover the excess payment of salary, which was granted to the petitioners.

Learned Counsel for the petitioners has placed reliance on the Apex Court Judgment Shyam Babu Verma and Others Vs. Union of India (UOI) and Others, wherein in para No.11, it has been held that:

Although we have held that the petitioners were entitled only to the pay scale of Rs. 330-480 in terms of the recommendations of the Third Pay Commission w.e.f January 1, 1973 and only after the period of 10 years, they became entitled to the pay scale of Rs. 330-560 but as they have received the scale of Rs. 330-560 since 1973 due to no fault of theirs and that scale is being reduced in the year 1984 with effect from January 1, 1973, it shall only be just and proper not to recover any excess amount which has already been paid to them. Accordingly, we direct that no steps should be taken to recover or to adjust any excess amount paid to the petitioners due to the fault of the respondents, the petitioners being in no way responsible for the same.

In view of the verdict of the Apex Court, prima facie, no recovery can be made from the petitioner because it is not a fault of the petitioners, it is a fault of the respondents, they have granted pay scale w.e.f. 01-04-2001.

Till the next date of listing, no recovery shall be made from the petitioners of excess amount, which has been paid to them.

Learned Brief Holder prays for and is granted four weeks time to file counter affidavit.

List thereafter.