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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Rajender Kumar - Appellant
Versus
Union of India - Respondent
W.P.(C) 13721 of 2022
Decided On : 22-09-2022
| Table of Content |
|---|
| 1. petition disposed with directions. (Para 1 , 2 , 7) |
| 2. petitioner seeks pay scale correction. (Para 3) |
| 3. petitioner withdraws petition for representation. (Para 4) |
| 4. respondents must decide on representation. (Para 5 , 6) |
CM APPL. 41886/2022 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(C)13721/2022
3. Present petition has been filed seeking directions to the respondent nos.2 to 4 seeking fixation/correction in the basic pay scale of the petitioner @ 42,800/- alike to the juniors personnel and give arrears to the petitioner along with his monthly pension after re-fixation of his basic pay scale and other subsequent benefits.
4. After some arguments, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to make a fresh representation on the issues raised in the present petition to the respondents.
5. Accordingly, we hereby dispose of the present petition by giving direction to make representation to the respondents within two weeks and on receipt of the same, the respondents are directed to take the decision therein within four weeks thereafter. The said decision shall be communicated to the petitioner in writing within one week thereafter.
6. Needless to state that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.
7. In view of aforesaid directions, petition is disposed of.
The court granted permission for a petitioner to withdraw a pay fixation petition, emphasizing the need for procedural fairness in addressing grievances to the appropriate respondents.
The court emphasized the need for consistent application of benefits under the Central Civil Services (Revised Pay) Rules, reaffirming entitlements based on prior rulings in similar cases.
Writ jurisdiction is invoked to ensure fair administrative action regarding employee pay, emphasizing the importance of timely resolution and equal treatment in service.
No recovery of excess selection grade pay already disbursed to promoted teachers; refixation deferred until FR 22-B amendment; post-amendment revisions prospective; pension on last drawn scale.
No recovery of excess selection grade pay; refixation post FR 22-B amendment prospectively.
State authorities cannot initiate recovery of excess salary payments from retired or serving employees based on refixation of pay without formally amending the applicable Fundamental Rules, and must ....
No recovery of excess pay paid in selection grade; refixation post FR 22-B amendment, prospectively.
No recovery of excess pay already disbursed in selection grade; refixation post FR 22-B amendment prospectively.
Recovery of excess payment from salary or pensionary benefits of employees, caused by the refixation of pay scales, is impermissible and restrained when the payments were made without any misrepresen....
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