ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member) By this OA, the applicant sought the following relief:

“…….....to quash Impugned Orders No.LR.8(14)2016 / HCEC / 586-87(H) dated 12.04.2016 and 12(13)2016 /HCED1/EC-1(H)676, dated 25.04.2016 issued by 3rd and 4th respondents, regarding recovery of excess pay and allowances on alleged incorrect pay fixation pertaining to period during 18.11.1996 to 18/11/2005 and declare the same as illegal, arbitrary, discriminatory and violative of article 14 and 16 of the Constitution of India and against Rules made under the Proviso o article 309 of the Constitution of India and set aside.

b) to issue directions to the respondents not to recover anything from the applicant since, these are belated and without any scientific work-out of basic fixation done statements in the interest of justice and be pleased to pass such other Order or Orders as this Hon’ble Tribunal may deem fit and proper in the circumstances of the case.”

2. The brief facts of the case are that the applicant was working as Assistant Engineer (E) (P) to the utmost satisfactory of superiors and he has been issued Impugned Orders dated 12.4.2016 and 25.04.2016 regarding recovery of excess pay and allowances on alleged incorrect pay fixation pertaining to the period during 18/11/1996 to 18/11/2005. He has submitted representations dated 20.02.2015 and 24.6.2015 to 4th respondent for providing a copy of statement of fixation of pay after completion of 15 years of service and it was replied that these are already weeded out and not available as per 3rd and 4th respondents. It is further submitted by the learned counsel for the applicant that the payment is of 11 years old and no records are available with applicant. It is further submitted by the learned counsel for the applicant that in the Impugned Order dated 25.04.2016, it is proposed to recover in 4 installments @ Rs.9468/- in 4/2016, 5/2016, 6/2016 & Rs.9470/-in 7/2016. Feeling aggrieved, the applicant approached this Tribunal.

3. After Notice, respondents have appeared through their counsel and filed reply vehemently opposing the relief on the ground that the applicant joined the respondent department as Junior Engineer (Electrical) on 12.10.1981 in the scale of Rs.1400-40-1600-50-2300-60-2600 and after 15 years, his pay was fixed as Rs.2375/- in the pay scale of Rs.2000-60-2300-EB-75-3200-100-

3500. As per the OM.No.A-11014/91-EC-VI dated 29.03.1991 of DGW, CPWD, New Delhi, Junior Engineers, who has completed 15 years of service, have been granted the personal promotion in higher pay scale of Rs.2000-60-

2300-EB-75-3200-100-3500 and he was also granted personal promotion in the grade of Rs.2000-3500 w.e.f. 18.11.1996 and accordingly, the pay has been fixed at R.2375/- On implementation of 5th Pay Commission w.e.f.

01.01.1996, the existing pay scale of Rs.2000-3500 had been revised to Rs.6500-200-10500. Accordingly, the pay of the applicant has been revised and refixed in the new scale w.e.f. 01.01.1996 at Rs.6725/- and on upgradation w.e.f. 18.11.1996 at Rs.7300/-. Later on, in the process, the Internal Audit Wing has checked the pay fixation cases in respect of Gazetted Staff of Visakhapatnam Central Electrical Division (VCED), CPWD, Visakhapatnam during April-June 2014 when the applicant was working in VCED and observed that his pay was wrongly fixed at Rs.7300/- instead of Rs.7100/- for the period from 18.11.1996 to 18.11.2005 on grant of personal promotion to the officer as stated by their letter dated 25/27.06.2014. Thereafter, the applicant was transferred from VCED to Hyderabad Central Electrical Division, Hyderabad. The Audit Objection was transferred to HCED-I by Executive Engineer (Electrical), Visakhapatnam Central Electrical Division, Visakhapatnam vide letter dated 01.09.2014 and the matter was conveyed to him on 10.09.2014 with regard to recovery or the excess pa