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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Anil Kumar – Appellant
Versus
Sashastra Seema Bal – Respondent
JUDGMENT :
1. The petitioner in his petition has made following prayers:
b) To quash the order dated 22.12.2021 being order no. 1/E-1/37/Revised/Pay Fixation/07th CPC/04th BN/SSB/2021/20266-68 issued by respondent no. 1 whereby petitioner's pay was revised and reduced from Rs. 6460+ 2000 (G.P) to Rs. 5700+ 2000/- (GP) w.e.f. 01.01.2006.
c) To quash the order dated 22.12.2021 being order 01.09.2022 being no. I/E-I/17/Promotion/Pay Fix/4th BN SSB/2022/18243 refusing to modify the order dated 21.12.2021 refixing and reducing the pay of petitioner to Rs. 5700/-+ Rs. 2000 GP w.e.f. 01.01.2006.
d) To direct refixation of petitioner's pay to Rs. 6460+2000 GP w.e.f. 01.01.2006.
2. The issue raised in the present petition had come before this Court first time in W.P.(C) No. 727/2015 titled as “Dasrath v. Union of India” and the same was disposed of vide Order dated 27.01.2015.
3. The aforesaid judgment was challenged by the respondents in the Hon'ble Supreme Court and the same was dismissed vide Order dated 21.10.2019. Thereafter, the said order was complied with by the respondents.
4. Relying upon the aforementioned judgment passed by this Court, the petit
The court's decision was influenced by the implementation of previous judgments and the direction to the respondents to take a final decision in parity with the previous cases.
The main legal point established in the judgment is the limited scope of judicial review in matters of pay refixation, emphasizing the technical nature of pay fixation and the requirement for expert ....
Judicial precedent mandates that similar issues should adhere to prior decisions, ensuring uniformity in administrative benefits relating to pay fixation for promoted ranks.
The court has the authority to revive an Original Application for further consideration and can remand the matter for fresh consideration by the Tribunal.
The binding nature of an employee's undertaking regarding the recovery of excess pay and the authority of competent authorities to re-fix pay scale based on applicable Pay Rules and Government Orders....
Court disposed writ petition as relief granted; permitted challenge to pay fixation errors separately.
No recovery of excess pay from selection grade scales; refixation post FR 22-B amendment prospectively.
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