Recovery of excess payments from Class-III and Class-IV employees is impermissible if the payment was made without misrepresentation by the employee and the recovery is sought after a long lapse of time, as per the principles laid down in Rafiq Masih.

Order On Board

1. By way of this petition, the petitioner has assailed the legality, validity and propriety of the Official Letter No. F 19-67/Sanropra./Sthap./Gop/2022/4531 dated 23.12.2022 (Annexure P-9) and Official Letter No. F 19-67/Sanrop./Sthap./Gop/2022/166 dated 18.01.2023 (Annexure P-10), whereby the respondents have revised the date of grant of 1st Time Bound Pay Scale from 01.04.2006 to 01.04.2008 and have ordered recovery of the alleged excess amount paid to the petitioner.

2. The brief facts, as projected by the petitioner, are that the petitioner was initially appointed on 19.04.1989 as a Training Officer in the Industrial Training Institute, Bhilai, in the pay scale of Rs. 4500–7000/- and is presently posted as Training Officer at I.T.I., Parpodi, District Bemetara. Upon completion of 12 years of service, the petitioner was granted the 1st Kramonnati vide order dated 26.05.2003 w.e.f. 19.04.2001 in the higher pay scale of Rs. 5000–8000/-. Subsequently, the Kramonnati Scheme was replaced by the Time Scale of Pay (Samayman Vetanman) pursuant to official instructions dated 28.04.2008, made effective from 01.04.2006, whereby Group-C employees became entitled to the next higher pay scale upon completion of 10 years of service. In terms thereof, the petitioner was granted the 1st Time Bound Pay Scale w.e.f. 01.04.2006 vide order dated 06.11.2011 and again reaffirmed vide office letter dated 02.12.2022, with actual financial benefit extended from 01.08.2012. However, the respondents, by the impugned letters dated 23.12.2022 and 18.01.2023, revised the effective date of the said benefit to 01.04.2008 on the ground of adverse entries in the ACR and further directed recovery of the alleged excess amount paid for the period from 01.04.2006 to 31.03.2008, which has led to the filing of the present writ petition.

3. Following reliefs have been prayed by way of this petition:-

“10.1 That, the Hon'ble Court be pleased to accept the Writ Petition and pleased to decide the Petitioners' grievance.

10.2 That, the Hon'ble Court be pleased to quash and set aside the Official Letters dated 23.12.2022 (Annexure P-9) and Official Letter dated 18.1.2023 (Annexure P-10) in the interest of justice.

10.3 That, the Hon'ble Court be pleased to pass an Order, directing the Respondents to refund the recovered amount back to the Petitioner with appropriate Interest.

10.4 Any other Order or Directions deem fit and proper may also be passed in the facts and situation of the case and in the interest of justice. ”

4. Learned counsel for the petitioner submits that the recovery in question has been initiated during the course of service and the petitioner has assailed the order dated 23.12.2022 and letter dated 18.01.2023, whereby he has been directed to refund the alleged excess amount paid to him on account of grant of 1st and 2nd Time Bound Pay Scales, on the ground that he was not entitled to the same. It is contended that the said benefits were granted to the petitioner by the department itself on completion of 10 years and 20 years of service, and the total amount sought to be recovered is Rs. 89,575/-. It is further submitted that the said payments were made as far back as 01.04.2008 and thereafter, and the petitioner had neither made any misrepresentation nor played any role in securing such benefits. The excess amount, if any, has been disbursed due to an error on the part of the