THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

This Writ Petition (TR) is filed seeking to set aside the impugned proceedings No.V3/4218/2013 dated 15.05.2013 issued by respondent No.1 as illegal, arbitrary, violative of principles of natural justice.

2. Heard Sri M. Bharath Shah, learned counsel, representing Sri K.R. Srinivas, learned counsel for the petitioner, and learned Government Pleader for Services-I, appearing on behalf of the respondents.

3. Learned counsel for the petitioner submits that the petitioner had retired from service as a Superintendent in respondent No.1 office on 30.09.2012, on attaining the age of superannuation. While so, on 15.05.2013, respondent No.1 issued the present impugned proceedings, proposing to recover an amount of Rs.3,47,165/- from the petitioner, on the alleged ground of wrong fixation of petitioner’s pay in the 1993-Pay Scales, w.e.f., 14.11.1994. However, the said recovery is proposed to be initiated after a long lapse of almost (15) years, that too, for no fault of the petitioner, as he never misrepresented any facts. Further, in gross violation of the principles of natural justice, the present impugned proceedings were issued, without even issuing any notice calling for an explanation from the petitioner. It is further submitted that the Hon’ble Apex Court has been consistently holding that no recovery can be affected, in matters pertaining to pay fixation, if such discrepancy arose due to the fault of the authorities, but not the employees. Therefore, learned counsel prays this Court to pass necessary orders, setting aside the present impugned proceedings dated 15.05.2013.

4. Per contra, learned Government Pleader submits that the petitioner was initially appointed as Typist vide orders dated 20.10.1990, and his pay was fixed at Rs.1,210/-, i.e., minimum of the time scale Rs.910-1,625, as applicable to the post of Junior Assistant. However, his services were terminated vide order dated 08.11.1991, on account of his irregular appointment as Typist, and the petitioner was relieved from his duties on 13.11.1991. Thereafter, in compliance with the orders of the erstwhile Andhra Pradesh Administrative Tribunal in O.A.No.48042 of 1991, he was once again taken into duty. It is further submitted that the petitioner and (16) other employees working in various Temples and Institutions, have submitted their representations to the Commissioner of Endowments, Hyderabad, requesting absorption of their services in the available vacancies of the Department. Accordingly, the Commissioner had sent the proposals to the Government, requesting to consider absorption of the services of the employees on humanitarian grounds, as a special case, duly relaxing the relevant rules. In pursuance thereof, the Government issued orders in G.O.Ms.No.1158 dated 14.11.1994, according permission to regularize the services of the aforesaid (17) individuals with prospective effect. However, till his retirement, the petitioner’s pay was not rightly fixed. As such, notices were issued to the petitioner and other similarly placed individuals, time and again, for recovery of the excess amount drawn by them, but the petitioner had never turned up. The petitioner had drawn an excess amount Rs.3,47,165/-, which has been rightly proposed to be recovered from the petitioner vide impugned proceedings dated 15.05.2013. In similar circumstances, as per the orders of the Government, excess amount has also been recovered from two other individuals and the said amount was remitted to the Government Treasury. Hence, the excess amount paid to the petitioner is proposed to be recovered from his pensionary benefits.

5. It is further submitted that on every occasion, while fixing the Revised Pay Scales of the employees, they are informed that if any erroneous pay is fixed and found later, the excess amount drawn will be recovered in lumpsum from their salary, without any further notice. Likewise, the petitioner had also been informed at the ti