ORDER

(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) By this OA, the applicant has challenged the impugned orders dt.

19.04.2016 and 24.06.2016 and No. A-3/II-PRC/Stepping up/T.M/2015-16/ dt. .2016 passed by the 4 th and 5 th respondents regarding revision of pay fixation to the stage of Rs. 3880/- instead of Rs. 4050/- on 01.04.2000 and recovery of alleged over payment of Rs. 2,05,571/-. The applicant was promoted to the post of Telecom Mechanic from the post of Sub Inspector (Operative) on 10.04.2000 and his pay was fixed after getting option from the applicant. According to the applicant, after nineteen years without any notice, the respondents unilaterally revised the pay w.e.f 10.10.1997. The applicant submitted that the impugned recovery and the revision of pay was done without giving any show cause notice to the applicant and no communication regarding the pay refixation has been made by the respondents. Therefore, the act of recovery and revision in pay at the time of retirement is illegal and bad in law. The applicant relied upon the judgment passed by the Hon'ble Supreme Court in the matter of State of Punjab and ors Vs. Rafiq Masih popularly called as White Washer case , wherein the Hon'ble Supreme Court of India as stated that the situations where recovery by the employer is impermissible from the salary of the employee. In para 12 (iii), it has been specifically held that “12.......Be that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarise the following few situation, wherein recoveries by the employers, would be impermissible in law:

(i)....

(ii).....

(iii)Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.”

Therefore, the applicant has prayed for the impugned orders dt.

24.06.2016, 19.04.2016 and .2016 to be quashed and set aside directing the respodents to restore the pay fixation, desist from recovery of the reported over payment and to repay the amount already recovered from the applicant's pay and allowances.

2.After notice, the respondents have entered their appearance through their counsel and filed their counter wherein they have stated that consequent on implementation of LM pay scale in accordance with DTO New Delhi No.1-

36/97-MOP dt. 28.09.2000 communicated by CGM, BSNL, TN circle, Chennai no.APTA/67-1/2K/2 dt. 10.10.2000, the applicant's pay has been fixed at Rs.3,710/- in the upgraded scale Rs.3200-85-4900 on 01.04.1998 (DNI option) with DNI to Rs.3795 on 01.04.1999 and inadvertently fixed as Rs.4050/- instead of Rs.3880 on 01.04.2000 vide copy of pay fixation memo no.A6/S.I/2000-2001 dt .02.2001. On receipt of the complaint regarding pay anomaly from the senior officials during February 2016 the pay fixation of the applicant was verified and found to be wrong. Hence revised pay fixation memos were issued and consequently overpayment was calculated and revised fixation and recovery details were intimated to the applicant on 22.02.2016 & 19.04.2016 respectively.

Overpayment to the tune of Rs.2,05,571 had been made to the applicant due to wrong fixation and it was proposed to recover Rs.19,000 per month from June 2016 till his retirement on 30.04.2017 and remaining from his superannuation benefits. Rs.38,000 had been recovered and further recovery had been stopped in view of the interim stay granted by this Tribunal. The respondents further submit that on analysis of a bunch of cases of Telecom Mechanics, it is found at present that the applicant is deserved for another enhanced fixation and he is entitled for some arrears. Out come of present fixation reduces the recovery from Rs.2,05,571 to Rs.99425. As Rs.38000 has already been recovered the remaining amount of Rs.61425 alone to be recovered. The latest fixation has been done as per his undertaking submitted on 14.09.2016 in which the