Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Jhk) 602

IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN, J.
Boldwin Latif – Petitioner
Versus
State of Jharkhand – Respondent
W.P.(S). No. 3668 of 2018
Decided On : 07-04-2026

Advocates Appeared:
For the Petitioner:Mr. Sameer Saurabh, Advocate
For the Respondent:Mr. Prabhat Kumar, SC-II, Mr. Karan Sahdeo, AC to SC-II, Mr. Kumar Harsh, Advocate

The court held that where pay scales for a post are determined by government resolution, an employer cannot retroactively downgrade the salary or recover alleged excess payments from a retiree when the initial error in classification and fixation was caused by the employer themselves.

Headnote:(A) Service Law - Pay fixation - Entitlement to pay-scale commensurate with promotional post - Government resolutions governing pay scales are binding and must be strictly adhered to by the employer - Authorities cannot unilaterally downgrade the pay-scale of an employee after admitting the eligibility in previous records. (Paras 11, 12)

(B) Service Law - Recovery of excess salary - Recovery from retiral benefits based on an erroneous pay fixation, which was implemented by the employer themselves, is arbitrary and legally unsustainable - Where an employee has been paid salary in accordance with a scale initially approved by the department, such payment cannot be deemed as 'excess' for the purpose of coercive recovery. (Paras 11, 12)

Facts of the case:
The petitioner, a retired employee, challenged the reduction of his salary scale and the subsequent recovery of alleged excess payments from his retirement benefits. Despite having been promoted to a higher post, the respondents treated the petitioner as holding a lower-grade position and fixed his pay-scale accordingly, contrary to the government resolutions that clearly defined the pay-scales for the promotional post. The respondents initiated recovery proceedings for the period the petitioner received the higher salary, leading the petitioner to approach the court for relief.

Findings of Court:
The Court observed that the official resolution clearly established the appropriate pay-scale for the post held by the petitioner. Although the authority had earlier acknowledged the petitioner’s entitlement, it failed to implement the fixation correctly. The Court found no logic in the respondent's decision to maintain a lower pay-scale and recover amounts already paid, given that the classification of the post was mismanaged by the administrative authorities themselves.

Issues: The main issues were whether the petitioner was entitled to the specific pay-scale prescribed for his promotional post under government resolutions, and whether the recovery of alleged excess salary from his retirement benefits was valid given the authorities' history of inconsistent pay fixation actions.

Ratio Decidendi: The administrative authority is bound to follow the pay-scales prescribed by official resolutions for specific posts. When an error in pay fixation is the result of the employer’s own faulty classification, the resulting salary paid to the employee cannot be recovered, particularly after retirement, as such actions are deemed arbitrary and unfair.

Result: Writ application allowed; impugned orders quashed; respondents directed to fix the pay-scale correctly and complete the payment of consequential benefits within 12 weeks.

Table of Content
1. factual background involving pay scale revision dispute and recovery from retiral benefits. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. parties' conflicting contentions regarding entitlement to accountant pay scale as per government resolution. (Para 7 , 8 , 9)
3. court analysis confirming entitlement based on university resolution and previous internal salary fixation. (Para 10 , 11)
4. final order directing fixations and recovery of pay based on administrative resolution and previous conduct. (Para 12 , 13)

JUDGMENT :

DEEPAK ROSHAN, J.

In the instant writ application, the petitioner has prayed for following reliefs:

“(i) For issuance of an appropriate writ(s)/order (s)/direction(s) or a writ in nature of certiorari for quashing of the letter no. 2332 dated 19.9.2017 (Annexure-7) issued with the signature of Respondent No.3 by which salary of the petitioner has been wrongly fixed in the scale of Rs.4000- 6000/- on the basis of 5th pay Revision with effect from 1.1.1996 whereas it ought to have been fixed in the scale of Rs.5500-9000/- and further salary of the petitioner has been wrongly fixed in the pay-scale of Rs.5200-20,200/- (Grade Pay Rs. 2400) on the basis of 6th pay revision with effect from 1.1.2006, whereas it ought to have been fixed in the scale of 9,300-34,800 (Grade Pay Rs.4200).

(ii) For issuance of an appropriate writ(s)/order (s)/direction(s) or a writ in nature of certiorari for quashing of the Notification issued vide Memo No. 3437/17 dated 23.9.2017 (Annexure-8) issued under the signature of respondent no.6 by which the respondent no. 4 and 6 approved and notified the pay-scale of the petitioner from Rs.4000- 6000/- with effect from 1.1.1996, and the pay-scale of Rs. 5200-20,200/- (Grade Pay Rs.2400) with effect from 1.1.2006 pursuant to the letter no. 2332 dated 19.9.2017 issued by the respondent no.3.

(iii) For issuance of an appropriate writ(s)/order (s)/direction(s) or a writ in nature of certiorari for quashing of letter dated 14.10.2017 (Annexure-9) issued under the signature of Respondent No.7 by which it has been decided to recover the amount of Rs. 3,94,598/ paid to the petitioner as an excess salary and same has been recovered from the retiral benefits of the petitioner.

(iv) The petitioner further prays that after quashing of the letter no. 2332 dated 19.9.2017 (Annexure-7) contained in Memo No.3437/2017 dated 23.9.2017 (Annexure-8), the respondents be directed to fix the salary of the petitioner in the scale of Rs. 5500-9000/- with effect from 1.1.1996 in terms of 5th pay revision and Rs.9,300-34,800/- (Grade Pay Rs.4200) with effect from 1.1.2006 in terms of 6th pay revision and accordingly the consequential benefits be paid to the petitioner with statutory as well as penal interest.

(v) The petitioner further prays that after quashing of letter dated 14.10.2017 (Annexure-9), the respondents be directed to immediately refund the amount of Rs. 3,94,598/ to the petitioner with statutory as well as panel interest.”

2. The case of the petitioner is that the respondents have decided to extend the benefits of 5^th Pay Revision to the non-teaching staff of St. Columba’s College, Hazaribagh w.e.f. 01.01.1996 vide letter No. 914 dated 14.06.2013. In the said letter it has been mentioned that salary will be revised w.e.f. 01.01.1996 but actual payment will be made w.e.f. 15.11.2000. In the said letter, name of eligible employees was given but surprisingly the name of petitioner did not figure in the said list.

3. The further case of petitioner is that prior to 5^th Pay Revision, he was getting the pay-scale of Rs.1640-2900 and after implementation of 5^th Pay Revision, he was entitled for the pay- scale of Rs.5500-9000. Again, vide memo No. 357 dated 13.03.2013, the respondents decided to extend the benefits of 6^th Pay Revision to the non-teaching employees of the constituent colleges of university but this time also the said benefit has not been given to the petitioner.

4. Hence, the petitioner submitted represe

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2026 Supreme(Jhk) 602

IN THE HIGH COURT OF JHARKHAND AT RANCHIDEEPAK ROSHAN, J.Boldwin Latif – Petitioner VersusState of Jharkhand – Respondent W.P.(S). No. 3668 of 2018Decided On : 07-04-2026

The court held that where pay scales for a post are determined by government resolution, an employer cannot retroactively downgrade the salary or recover alleged excess payments from a retiree when the initial error in classification and fixation was caused by the employer themselves.

IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN, J.
Boldwin Latif – Petitioner
Versus
State of Jharkhand – Respondent
W.P.(S). No. 3668 of 2018
Decided On : 07-04-2026