The court upheld the authority's reduction of the petitioner's pay due to prior erroneous fixation, confirming compliance with the Central Civil Services Rules while quashing the recovery order.

JUDGMENT

Satish Chandra Sharma, C.J. The present writ petition is arising out of an order dated 07.12.2004, passed in O.A. No. 704/2004 passed by the Central Administrative Tribunal (CAT) rejecting the Original Application preferred by the Petitioner. The facts of the case reveal that the Petitioner, at the relevant point of time, was serving Trained Graduate Teacher (Science), (TGT (Science) for short) at Government Boys Senior Secondary School No.1 Shaktinagar, Delhi-7 and he was granted a time bound senior scale of TGT on 10.03.1996 on completion of 12 years of qualifying service in the entry scale of TGT and his basic pay was fixed at Rs.2000/- in the pay scale of Rs.1640-2900. That the Central Civil Services Revised Pay Scale Rules, 1997, came into force in September/October 1997. However, the pay scales were upgraded w.e.f. 01.01.1996.

2. The Rules of 1997 provided that when the pay of a Government Servant is brought over to the revised scale from a date later than 01.01.1996 his pay from such later date is to be fixed under the Fundamental Rules and not as provided under Rule 7 of the CCS Revised Pay Rules 1997.

3. The Government of India issued an Office Memorandum dated 26.03.1998 and the same provided that the pay of the Government employees who opt to switch over to the revised pay between 01.01.1996 and 31.12.1996, in respect of the post held by him on 01.01.1996. will also be fixed as per Rule 7of the CCS Revised Pay Rules, 1997. The Office Memorandum dated 26.03.1998 is reproduced as under:

"No.16(1)/16/98

Govt. of India

Ministry of Finance

Department of Expenditure

New Delhi; the March 26, 1998

Chaitra 5,1920 (Saka)

OFFICE MEMORANDUM

Sub: Central Civil Services (Revised Pay) Rule, 1997

Fixation of pay of Government servants who opt for

The revised scale of pay from a date subsequent to 1.1.1996

In terms of the provisions contained in Rule 9 of the Central Civil Services (Revised Pay) Rules, 1997, where a Government servant continues to draw his pay in the existing scale of pay and is brought over to the revised scale from a date later than the 1st day of January 1996, his pay from the later date in the Revised Scale is to be fixed under the Fundamental Rules and under Rule 7 of the said Rules.

On further consideration and in exercise of the power available under Rule 13 of the Central Civil Services (Revised Pay) Rules, 1997, the President is pleased to decide that the pay of Government Servants who opt to switch over to the revised scale of pay from the date of their next increment falling after 1.1.1996 not later than 31.12.1996 in respect of the post held by them on 1.1.1996 shall be fixed in accordance with the provisions of Rule 7 of the Central Civil Services (Revised Pay) Rules, 1997.

The option in the format appended as the Second Schedule to the Central Civil Services (Revised Pay) Rules, 1997 may be exercised within 3 months from the date of issue of this O.M. The option once exercised shall be final. The option now provided under these orders can be exercised afresh even by those Government servants who have already exercised their option prior to the issue of these orders to switch over to the revised scales.

However, the pay of Government Servants who opt to switch over to the revised scales.

a) from date of increment falling subsequent to 31.12.1996 or

b) from any date after 1.1.1996, for reasons other than their date of increment falling during 1996.

Shall be fixed under Rule 9 of the Central Civil Services (Revised Pay) Rules, 1997

Ministry of Home affairs etc. are requested to bring the contents of these orders to the notice of all concerned expeditiously within time so that the need for extending the date of exercising an option under these orders may not arise

In so far as persons serving in the Indian Audit & Accounts Department are concerned, these issue after consultation with the Comptroller & Auditor General of India.

Hindi version is enclosed.

Sd/-

(Arvind Kumar)

Deputy Secretary to