2008 Supreme(Jhk) 840
D.G.R. Patnaik, J.
Arun Kumar Kashyap ... Petitioner
vs.
State of Jharkhand & Ors. . .. Respondents
WP(S) No. 1321 of 2003
Decided on 30.7.2008
Advocate Appeared
For the Petitioner: Mr. Manoj Tondon.
For the Respondent State: Mr. H.K. Mehta.
For the High Court: Mr. Ananda Sen.
Headnote:Service Law – Pay fixation – due to wrong fixation of pay employee received excess payment beyond what was legitimately payable – can be recovered if the employee continued in service – if retired process of recovery can not be initiated – compliance of principles of nature justice not also required in such cases – petition dismissed. (Paras 10, 12, 15, 16 & 17)
This writ application has been filed by the petitioner praying for quashing of the order dated 11.3.2002 (Annexure, 15) issued by the Secretary, Department of Law (Justice), Government of Jharkhand whereby and whereunder direction has been made for re-fixation of the pay of the petitioner and to recover from him the amount paid in excess as salary to the petitioner. Further prayer has been made for directing the respondent authorities to fix salary of the petitioner in the scale of pay of. Rs. 2,000-3,500/- per month with effect from 1990 as per the recommendation of the Vth Pay Revision Committee and in the scale of Rs. 6,500-10,500/ per month with effect from 1.1 .1996 as per the VIth Pay Revision Committee and also for a direction to the respondents to pay salary of the petitioner for the month of March and April, 2002 which has been withheld by the respondents.
2. The petitioner was appointed as a full time stenographer on 8.7.1974 in the scale of pay of Rs. 296-460/- in the Civil Court at Ranchi. Consequent upon the recommendations of the Third Pay Revision Committee, his scale of pay was revised at Rs. 400-630/- per month pursuant to the letter dated 7.4.1977 issued by the Finance Department of the State Government. In the year 1985, the petitioner was superseded by his junior in the matter of promotion/selection grade promotion. Being aggrieved, he submitted his representation before the High Court of Jharkhand, (respondent no. 2) through the Judicial Commissioner, Ranchi, (respondent no. 3). The representation was considered by the High Court on the administrative side and by letter dated 7.3.1988, the High Court directed the Judicial Commissioner, Ranchi to refix the petitioner's seniority by placing him at Serial No. 1 of the Shorthand writers from 1.4.1981 and to allow him all promotional and other benefits as per rules Pursuant to the aforesaid direction of the High Court, the then Judicial Commissioner, Ranchi, issued an order to the effect that the petitioner be placed at serial no. 1 of the Stenographers after confirming him to the post of Steno to the Judicial Commissioner, Ranchi with effect from 1.4.1981 and allowed him all promotional and other benefits admissible from time to time in the scale of pay of Rs. 880-1 ;510/-. A copy of the letter was also forwarded to the Financial Department of the State Government for information and needful. The order, a copy of which was also given to the petitioner, was however, subject to the condition that in case it is found that the fixation of pay was not legal, proper or according to the directions of the Government, the excess amount paid if any, will be recovered from the pay of the petitioner. Subsequently, after implementation of the Government resolution no. 6021 dated 18.10.1989, the scale of pay' of the petitioner was revised to the scale of pay of Rs. 1,640-2,300/- per month. However, being dissatisfied and claiming that his revised pay should have been fixed at Rs. 2,000-3,500/- together with PA Allowance, he filed a representation before the Judicial Commissioner who forwarded the representation to the Secretary, Law Department, Government of Jharkhand, stating' the details of all relevant facts and endorsing his own recommendation for proper consideration of the petitioner's representation. Several reminders thereafter, were issued by the Judicial Commissioner to the Secretary, Law & Justice, Government of Jharkhand on the basis of the repeated representations filed by the petitioner in the matter of fixation of his pay. In response, by letter dated 2.7.2001 (Annexure-13) addressed to the Judicial Commissioner, Joint Secretary Law Department, made queries on several relevant points. Reply to the queries was made by the Judicial Commissioner by letter dated 31.7.2001 (Annexure-14). After receipt of the reply to the queries, the Secretary, Department of Law & Justice, Government of Jharkhand, by the impugned letter (Annexure-15) has pointed out that the