Recovery of excess pay payments is prohibited, and pay refixation is stayed until the relevant Fundamental Rule (FR 22-B) is amended to incorporate specific Government Order directions.

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 5th respondent in proceedings having Reference No.Na.Ka.No.323/A1/2025 dated 17.11.2025 refixing the pay scale of the petitioners pay from PB 15600- 39100 plus 5400 grade pay granted to the petitioner from 6.10.2008 notionally to the payscale of PB 9300-34800 plus 4600 grade pay as per the letter issued by the 1st respondent having Reference letter No.11100/Ele.Ed 1(1)2023-1 dated 15.12.2023 and ordering recovery of the excess amount paid to the petitioner from 1.1.2011 and to quash the same as arbitrary and consequently direct the respondents to continue to pay the grade pay of Rs.5400/- too the petitioner sanctioned vide Mu.Mu.No.366/A1/2012 dt.18.12.2013 in the payband of PB 15600-39100 plus 5400 with notional effect from 6.10.2008 and monetary effect from 1.1.2011 and pass orders.

ORDER

The writ petition has been filed for the following relief :

“ To call for the records of the 5th respondent in proceedings having Reference No.Na.Ka.No.323/A1/2025 dated 17.11.2025 refixing the pay scale of the petitioners pay from PB 15600-39100 plus 5400 grade pay granted to the petitioner from 6.10.2008 notionally to the payscale of PB 9300-34800 plus 4600 grade pay as per the letter issued by the 1st respondent having Reference letter No.11100/Ele.Ed 1(1)2023-1 dated 15.12.2023 and ordering recovery of the excess amount paid to the petitioner from 1.1.2011 and to quash the same as arbitrary and consequently direct the respondents to continue to pay the grade pay of Rs.5400/- too the petitioner sanctioned vide Mu.Mu.No.366/A1/2012 dt.18.12.2013 in the payband of PB 15600-39100 plus 5400 with notional effect from 6.10.2008 and monetary effect from 1.1.2011.”

2. Heard the learned counsels on both sides and perused the materials available on record.

3. The issue involved in the present writ petition was earlier considered in a batch of writ petitions inW.P.No.12275 of 2024 dated 02.03.2026, wherein a similar relief was claimed. The learned Judge after hearing the arguments of both sides and discussing the relevant Rules and Government Orders in detail, had ultimately disposed of the writ petitions with directions. These directions are extracted herein below:

85. In the result, all the writ petitions are disposed of with the following directions:-

i) The impugned order directing the fixation of the selection grade/special grade scale of pay at the first promotional level and 2nd promotional level is set aside to the extent that there shall be no recovery of amount, which has already been paid, from the petitioners ;

ii) Insofar as the petitioners, who have retired from service is concerned, no amount shall be recovered on the basis of the impugned order from the retiral benefits/pensionary benefits of the petitioners with regard to the amount already paid;

iii) Insofar as the petitioners, who are still in service, no amount shall be recovered on the basis of the impugned order from the salary of the petitioners with regard to the amount already paid;

iv) In case any amount has already been recovered from any of the petitioners towards excess payment made in the selection grade scale, the same shall be not refunded to the petitioners and the respondents shall refix the selection grade scale of pay of the said petitioners after amendment to FR 22~B and, thereafter, upon computation, if any amount is due and payable to any of petitioners, the same shall be paid by the respondents forthwith;

v) Until FR 22~B is amended so as to include the directions given in G.O. Ms. No.63305/Pay Cel