An administrative authority has the inherent right to revise a government servant's pay and pension based on audit findings under the CSS (Pension) Rules, provided that any resultant adjustments to salary prior to final settlement are not characterized as prohibited arbitrary recoveries.

O R D E R

Per: Kumar Rajesh Chandra, Administrative Member:-

This OA has been filed by the applicant seeking the following relief:-

(i) For quashing the order dated 17.04.2023 (Annexure-8) whereby pay scale of the applicant has been re-fixed after retirement unilaterally without any show cause and hearing when there is no misrepresentation or fraud play by the applicant to the Department.

(ii) For restraining the respondents for recoveries of salaries excess drawn if any after re-fixation of pay scale from retired employee, i.e. applicant and not to alter pension of the applicant as paid by the department.

(iii) For payment of leave encashment with interest which was erroneously withheld by the department after determined in favour of the applicant.

(iv) For payment of salary of January, 2022 with interest 12% thereon when applicant was superannuated from service on 31.01.2022.

(v) Be further pleased to pass any such other order(s), direction(s) as Your Honour may deem fit and proper in the interest of justice to the applicant.”

2. For the sake of clarity, the brief facts of the case, as stated by the applicant, is being discussed and delineated as under:-

(i) The applicant was appointed on 23.02.1981 under respondent no. 5 having the qualification of matriculation on the Grade-D post as Majdoor and thereafter became the Painter (Group C) in H.S-II category. After introduction of ACP and MACP in view of the 5th Central Pay Commission Report, the pay scale of the applicant was re-fixed in the scale of Rs. 9010 + 2000/- one additional increment after second financial upgradation under MACP to senior matriculate erstwhile group-D employee in the scale of pay PB-1 Rs. 5200-20200 + 2000/- GP with DNI 01.07.2009 in view of letter dated 26.10.2012 by AO GE Ranchi. He was also granted additional Annual Increments as per audit on 01.07.2009, 01.07.2010 and 01.07.2011 and was also granted G.P. Rs. 2400/- under pay fixation of the 3rd MACP as per AG letter dated 09.07.2012. All the pay fixation orders are enclosed at Annexure-1 Series to this OA.

(ii) It is stated that Military Engineering Service commonly known as M.E.S. is providing Infrastructure to Armed Force. The applicant being the personnel of M.E.S. possessed all the necessary criteria and tests for the purpose of grant of Central Pay Commission scale and also grant of ACP and MACP after completion of the active service of 12/24 years. Thus the applicant had supplied a list contained in order no. 1 dated 04.01.2021 and mentioned that the post of the applicant as painter H.S.-II with effective date i.e. 28.12.2019 consequent on promotion from Painter H.S.-II to Painter H.S.-1 w.e.f. 28.12.2019 in the scale of pay matrix Level 5 as per 7th CPC and placed in position "in Situ" in the interest of state. This was as per letter dated 16.12.2020 issued by respondent no 4. It is contended that the applicant has not misrepresented or played fraud with the department in getting the promotion in Painter H.S.-I and retired from the service on 31.01.2022.

(iii) The applicant has further provided an extract copy of letter dated 07.02.2022 (Annexure-A/4) mentioning therein that he retired from the post of Painter H.S.-1 on 31.01.2022 on attaining the age of 60 years and placed on pension establishment list w.e.f. 01.02.2022 with the name of the kin-Smt. Renuka Sahu with the home address.

(iv) The applicant has referred to Department of Personnel, Public Grievance and Pensions, Department of Personnel & Training OM dated 3rd October, 2022 on the subject matter of recovery of wrongful/excess payment made to Government Servants and after discussing about the decis