ORDER PER MR. SANJIV KUMAR, MEMBER (A):

The instant O.A. has been filed by the applicant seeking the following reliefs:

“8.1 To set aside and quash the impugned communication bearing No. GMT/EST-282/Pay Fixation/ATT/Gr.D/2017-18/74 dated 04.10.2021 (Annexure-P/1).

8.2 To set aside and quash the communication bearing No.AO (P&A)GMK/Genl./Req./2021-22 dated 01.12.2021 (Annexure-P/5).

8.3 Cost of the application.

8.4 Any other relief/relief’s to which the applicants are entitled to under the facts and circumstances of the case and as may be deemed fit and proper by this Hon’ble Tribunal upon consideration of the matter.”

The fact of the case is that all the applicants had joined the Bharat Sanchar Nigam Limited and were serving in the Office of the respondent authorities since long in non- executive posts. They were working as Assistant Telecom Technician (ATT) in NE-2 Pay Scale i.e. Rs. 7840-14700/- in the revised pay scale, till they were promoted to the Scale of NE-3, having Pay Scale of Rs. 7900-14880/- on 01.12.2018. The respondent authorities vide Communication dated 23.03.2010 published the Non-Executive Promotion Policy (NEPP) for employees in the IDA pay scles of NE-1 to NE-10 of Bharat Sanchar Nigam Limited for early implementation of the same (Annexure-P/2). The respondent authorities vide Office Order No. 10 of 2010 dated 07.05.2010 notified the Revision of Pay Scales for Non-Executive employees in BSNL w.e.f. 01.01.2007 (Annexure-P/3). Upon upgradation to the scale of NE-3, the respondent authorities vide Order dated 19.09.2018 fixed the pay in respect of Assistant Telecom Technician including the applicant No. 1. Thereafter, pay was fixed in respect of applicant No. 1 at Rs. 15,610/- as on 01.12.2018. The respondent authorities vide Order dated 04.10.2021, had intimated about the recovery from the applicants (Annexure-P/1).

Shri Anirban Chakraborty, learned counsel for the applicants submitted that the respondent authorities did not indicate the reasons (i) as to why the pay fixation has been reduced in respect of the applicants, who were Group ‘C’ employees (ii) the respondents had not issued any notice regarding the wrongful pay fixation as claimed by them and they have not issued any notice for recovery from the applicants. As per the learned counsel, recovery notice dated 04.10.2021 is without proper application of mind and the same is liable to be quashed in terms of judgment rendered by the Hon’ble Supreme Court in the case of State of Punjab and Ors. Vs.Rafiq Masih (White Washer) and Ors., reported in (2015) 4 SCC 334.

Against the impugned communication dated 04.10.2021, applicants through National Federation of Telecom Employees, BSNL Assam Circle Branch, of which, applicants are members, submitted a representation dated 20.11.2021 before the Chief General Manager, Telecom (BSNL), Assam Telecom Circle for waiving off the said recovery issued vide the impugned communication.

The respondents by filing their counter affidavit/reply stated that the as per instruction given by the Circle Office, Assam vide letter dated 17.05.2019 in accordance with direction of BSNL CO, ND letter dated 01.05.2019, all pay fixation of the year 2017-18 & 2018-19 were verified by the Account Section of the office of GMTD, Kamrup and wrongful pay fixation cases were identified. Thereafter, correct fixation was suggested vide letter dated 06.09.2019 and accordingly, revised pay fixation order dated 19.12.2019 was issued. The amount to be recovered in instalment from the employees as per the revised pay fixation Memo were calculated and intimated by the AO (P&A), Office of the GMTD Kamrup vide letters dated 08.09.2021, 10.09.2021, 14.09.2021, 16.09.2021 and 28.09.2021. The recovery details were also intimated to the concerned employees and their Controlling Officers vide letter dated 04.10.2021. As per the respondents, pay fixation is an administrative & financial function of Human resource management a