The court upheld the valid reduction of pay under applicable regulations while dismissing claims of procedural unfairness in pay fixation processes.

JUDGMENT

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

Date : 22-01-2026

The present writ petition has been filed against the order dated 21.02.2024, passed by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as “the learned CAT”) in O.A. No.050/00566/2023 whereby and whereunder while the challenge to the impugned order dated 16.09.2022, issued by the Assistant Personal Officer/ESM on behalf of the General Manager (Personnel), Hajipur, rejecting the representation of the petitioner dated 14.7.2022, challenging the reduction of pay-scale from Rs.66000/- to Rs.64100/- has been rejected, however, the prayer of the petitioner to quash the recovery being made on account of wrong pay fixation has been allowed. Consequently, the respondents have been directed to refund the recovered amount within a period of 90 days of the date of receipt of the certified copy of the order dt. 21.2.2024.

2. The brief facts of the case, according to the petitioner, are that he joined the post of Commercial Clerk on 21.11.1983 in the pay-scale of Rs.260-430 at Zonal Training School Bhuli, Dhanbad, whereafter his pay-scale was revised and fixed on 01.01.1986 as Rs. 915-1540/-, whereupon his pay was increased to Rs.1075/- with effect from 01.04.1986. The petitioner was then promoted to the post of Senior Commercial Clerk with effect from 01.04.1993 in the pay-scale of Rs.1200-2040/- and his pay was fixed as Rs.1260/- per month. Thereafter, the recommendation of the 5^th Pay Commission had come, hence the pay of the petitioner was fixed at Rs.4100/- in the pay scale of Rs.4000-6000 with effect from 01.1.1996. The petitioner was again promoted to the post of Head Commercial Clerk in the pay-scale of Rs.5000-8000/- with effect from 17.03.2003 vide office order dated 29.01.2004 and his pay-scale was fixed as Rs.5000 w.e.f. 17.03.2003. However, subsequently in terms of Memorandum No. ECR/HRD/174 dated 13.04.2005, the petitioner was declared surplus and redeployed against the corresponding grade of Commercial Inspector in the pay-scale of Rs.5000-8000/-. The petitioner was then promoted to the post of Commercial Inspector-II from the post of Commercial Inspector-III in the pay-scale of Rs.5500-9000 and his pay was fixed as Rs.5850 with effect from 04.01.2008.

3. It is the further case of the petitioner that after coming into force of 6^th Pay Commission Recommendation, the pay of the petitioner was categorized in PB-2 (Rs.9300-34800 + Grade Pay-4200) with effect from 01.1.2006 and the same was revised with effect from 01.01.2006 to Rs.10140+Grade Pay of Rs.4200 in view of RBE 40/2012. Consequent to the 7^th Pay Commission Recommendation, the pay-scale of the petitioner was revised and fixed as Rs.55200/- (Level-7) and till the month of January, 2022, his basic pay had been raised to Rs.66000/-, however in the month of February, 2022, i.e. the month of retirement of the petitioner, the respondents had reduced the monthly salary of the petitioner from Rs.66000/- to Rs.64100/- illegally and then all the retiral benefits of the petitioner were also paid on the basis of the reduced basic salary. The petitioner had then filed a detailed representation before the respondent no.2 on 14.7.2022, however the same has been rejected vide order dt. 16.09.2022, which was challenged by the petitioner by filing O.A. No.050/00566/2023, however the issue regarding reduction of the monthly salary of the petitioner had not found favor with the learned CAT and the challenge of the petitioner to the order dt. 16.09.2022 has been rejected.

4. The learned counsel for the petitioner has submitted that fi