JUDGMENT

V.N. Khare, 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