Recovery of excess pay permissible only for amounts paid within 5 years before recovery order, even for serving Group A employees without fault, per Rafiq Masih to prevent undue hardship (28 words).

ORAL ORDER Per: Justice M.G. Sewlikar, Member (J)

All these six Original Applications (OAs) are being disposed of by common order as the issue involved in all these applications is the same. OA No. 211/2025 is taken Nicky KumariDD387RLDF 128 o o iN e a g 93a c x a t :i ea i c00 t s t aC : 1 t eo P i l o2 =525n y D n0 cI ,f: N c s a :2F S I 0 i,9 6 g a = 1 R Oe . n m B 0 b e b e= 3 6i a 1h dP t . bh d f 2 a ee 3 b e e3 r r d, y r s a f 1 1S do V N u 7 2Efn e t i 0 : e c h 2 R a r 6 a k s o 8 l I ,8 b y i A r :o O e 5 eo L K n 6 0 c I f N : uD c 4 + t 2 m U h0 0 . 0 2d ie 5 M a s 2 .3 7 ' 5r 3 B 5 d 9 i f . 0 8 . 4 o eE 1' c . c R . 6 4 0 u 25 =bm 9= f 5 3e 56 6n 78 t 09 c 15 1 4f f 76 4 2f f 9 6 91 f 6 5 a3 b 32 d b1 9 44 3 0e f 5 c a 6 2c9a b 7f7e2 d 2134 3 8e 9 2b 7 91 4 acf57a0 fa 4579 , 5 C ,0 P N , oP = sh N toa ic nlC k e y o= d K e u = mari as a lead case.

2. Facts in this case are that the applicant was appointed by respondent no. 2 vide order dated 23rd November, 2016 in the grade of Scientist-B (Life Science) against Unreserved Category in the Pay Band, PB-3 Rs. 15600-39100 plus Rs. 5400/- (Grade Pay). The applicant joined the duty as Scientist-B (Life Science) on 13th December, 2016. The pay of the applicant was refixed by the respondent no. 3. The applicant had joined after implementation of 7th CPC but the pay was fixed under 6th CPC. The procedure adopted in the pay fixation was Basic Pay + Grade Pay * 2.57 i.e. Rs. 53,970/- + Non-Practicing Allowance of Rs. 6,930/-, total emolument is Rs. 60,900/-. The revised basic pay on 12th May, 2017 was Rs. 61,300/-

as per the recommendations of 7th CPC.

2.1 The actual pay to be fixed as on 13th December, 2016 was Rs. 56,100/- as Basic pay plus Non-Practicing Allowances of Rs. 5,250/- which was enhanced to 20% of basic pay with effect from 01st July, 2017 which works out to Rs. 67,320/-. Thus, a sum of Rs. 6,930/- was Nicky KumariDD387RLDF 128 o o iN e a g 93a c x a t :i ea i c00 t s t aC : 1 t eo P i l o2 =525n y D n0 cI ,f: N c s a :2F S I 0 i,9 6 g a = 1 R Oe . n m B 0 b e b e= 3 6i a 1h dP t . bh d f 2 a ee 3 b e e3 r r d, y r s a f 1 1S do V N u 7 2Efn e t i 0 : e c h 2 R a r 6 a k s o 8 l I ,8 b y i A r :o O e 5 eo L K n 6 0 c I f N : uD c 4 + t 2 m U h0 0 . 0 2d ie 5 M a s 2 .3 7 ' 5r 3 B 5 d 9 i f . 0 8 . 4 o eE 1' c . c R . 6 4 0 u 25 =bm 9= f 5 3e 56 6n 78 t 09 c 15 1 4f f 76 4 2f f 9 6 91 f 6 5 a3 b 32 d b1 9 44 3 0e f 5 c a 6 2c9a b 7f7e2 d 2134 3 8e 9 2b 7 91 4 acf57a0 fa 4579 , 5 C ,0 P N , oP = sh N toa ic nlC k e y o= d K e u = mari erroneously added while fixing the pay on 13th December, 2016.

2.2 Respondent no. 2 promoted the applicant from Scientist-B to Scientist-C in pay matrix Level-11 of 7th CPC plus other usual allowances admissible under flexible complementary scheme with retrospective effect from 01st September, 2020. The applicant contends that while drawing the arrears on promotion, the total amount of arrears arrived at was not paid to the applicant but the same was withheld and adjusted towards the overpayment. The details of the arrears amount on account of promotion to the grade of Scientist-C was not communicated to the applicant till date. The amount so adjusted was after a lapse of 05 years which is not permissible under the law.

2.3 The applicant further avers that in the letter dated 21st April, 2022 (Annexure- A-7), the pay of the applicant was fixed by respondent no. 2 as under:-

(i) Pay as on 31st August, 2020 as Rs. 69,000/- plus NPA Rs. 13,800/-.

(ii) Pay as on 01/09/2020 as Rs. 71,800/- plus NPA Rs.

Nicky KumariDD387RLDF 128 o o iN e a g 93a c x a t :i ea i c00 t s t aC : 1 t eo P i l o2 =525n y D n0 cI ,f: N c s a :2F S I 0 i,9 6 g a = 1 R Oe . n m B 0 b e b e= 3 6i a 1h dP t . bh d f 2 a ee 3 b e e3 r r d, y r s a f 1 1S do V N u 7 2Efn e t i 0