The recovery of excess salary payments from employees is impermissible, and any refixation of pay scales must await formal amendment to the relevant service rules, ensuring such adjustments are applied prospectively rather than retrospectively.

ORDER

This writ petition has been filed seeking the following relief :

“ To issue a Writ of Certiorarified Mandamus calling for the records of the respondents in relation to the proceedings issued in Government letter in No 11100/ Elementary Education 4 (1) / 2023-1 dated 15.12.2023 issued by the 1^st respondent and in Na. Ka. No 1322/A1/ 2025 dated 31.07.2025 issued by the 5th respondent and quash the same and issue a consequential direction to the respondents to continue the petitioner’s Selection Grade Pay Band of Rs 15600- 39100 + 5400GP form 14.9.2007 notionally as given in the post of Primary School Headmaster with monetary benefits form 01.01.2011 by the proceedings issued in Moo.Moo.No.293/A1/2012 dated 11.06.2012 of the Assistant Elementary Educational Officer, Mohanur Panchayat Union who is redesigned as 5^th respondent herein, with all consequential and attendant benefits”

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. The 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 not be 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 Cell/2010-1 dated 8.11.2010, more particularly para 4 (i) of the said Government Order, no action shall be taken by the respondents to refix the scale of pay of the petitioners and similarly placed persons;

vi) Subject to amendment, if any, that may be made to FR 22-B, with reference to G.O.Ms.No.63305/Pay Cell/2020-1 dated 8.11.2020, the respondents are at liberty to revise the salary of the persons who are in service by refixing their scales of pay in the selection grade as also the pensionary benefits of the pensioners by refixing their scales of pay in selection grade in line with the amendments that may be made to FR 22-B for computing the admissible pension payable based on para 4 (i) of G.O. Ms. No.63305/Pay Cell/2010-1 dated 8.11.2010, which shall be applicable only prospectively and not retrospectively;

vii) Pursuant to the amendment, if any, made to FR 22-B, upon refixation of the scales of pay of the petitioners, and computing the revised pay that the petitioners who