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C. HARI SHANKAR, AMIT SHARMA
RAVINDER KUMAR – Appellant
Versus
GOVT. OF NCT DELHI – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
1. The petitioner was appointed as Pharmacist with the Maulana Azad Medical College [“MAMC” hereinafter] on 25 October 1976 in the pay scale of Rs. 330-560/- which was revised to Rs. 4500-7000/- with effect from 1 January 1996. He was granted the first Financial upgradation under the Assured Career Progression [“ACP” hereinafter] Scheme with effect from 9 August 1999 in the scale of Rs. 5000-8000/-. He was subsequently granted second upgradation under the Modified Assured Career Progression [“MACP” hereinafter] scheme in the grade pay of Rs. 4,800/- and a third upgradation in the grade pay of Rs. 5,400/-.
2. Subsequently, by an Office Memorandum dated 18 November 2009, consequent to the recommendations of the 6th Central Pay Commission, the aspect of fixation of pay scales inter alia of Pharmacists was referred by the Ministry of Finance to a Fast Track Committee. The Fast Track Committee recommended reduction of the pay scale of Pharmacist to a grade pay of Rs. 2,800/- with non-functional scale of Rs. 4,200/- after two years.
3. The enhanced pay scale of Rs. 4,800/- which had been granted to the petitioner under the third MACP with effect from 1 January
The court ruled that recoveries from Group-C employees nearing retirement are impermissible, reaffirming protections established in Rafiq Masih.
Recovery of excess payments from Class-III employees is impermissible without misrepresentation, emphasizing the employer's responsibility for errors.
Recovery of excess pay from retiring employee impermissible if no fraud or misrepresentation, per Rafiq Masih guidelines.
Recovery of excess pay impermissible if employee retires within one year of order or excess paid over five years, absent fraud.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
Recovery of excess pay from retired Group 'D' employee due to departmental error in MACP grant is impermissible without notice; refund directed, but lower pay fixation upheld as mistake rectifiable.
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