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Judgment
The petitioner has filed the present writ petition under
Article 226 /227 of the Constitution of India, challenging the
impugned order dated 04/06/2005 (Annexure-P/6) and order
dated 22/10/2005 (Annexure-P/7) thereby directing to reduce
the pay scale in place of Rs. 4100-8900 to Rs. 3680-7700 and
also directing recovery against the petitioner.
Respondents have filed their reply inter alia contending
that the petitioner has been mistakenly given the higher pay
scale of Rs. 4100-8900 in place of Rs. 3680-7700 however, a
notice of recovery as well as proper fixation has been issued. It
is no longer res-integra that the issue involved in the present
cases vis-a-vis against M.P. State Electricity Board has been
decided with respect to other employees in W.P. No.
1179/2006 (Virendra Kumar Pandey Vs. State of Madhya
Pradesh) on 19/05/2010 against which a writ appeal bearing
no. 962/2010 has been filed that too was dismissed on
28.11.2013. This Court by the said orders has quashed the
recovery granting liberty to the M.P. State Electricity Board to
re-fix their proper pay to which they are entitled.
After hearing learned counsel appearing on behalf of both
the parties and on consideration of the facts of the present
cases as the grant of higher pay scale of Rs. 4100-8900 has
been given in place of 3680-7700 mistakenly due to the fault of
the Board therefore, recovery may not be permissible in the
light of the judgment of the Supreme Court in the cases of
Sahib Ram Vs. State of Haryana and others, 1995 Suppl.
(1) SCC 18 and Col. B.J. Akkara (Retd.) Vs. Government of
India and others, 2006 (11) SCC 709 as well as State of
Punjab and others Vs. Rafiq Masih (White Washer) and
others, (2015) 4 SCC 334 therefore, it is directed that the
notice be not made effective so far as it relates to recovery is
concerned but it is clarified that the Board is at liberty to refix
his pay as per his entitlement affording an opportunity to him.
With the aforesaid, the impugned order dated 04/06/2005
(Annexure-P/6) and order dated 22/10/2005 (Annexure-P/7)
are quashed so far as it relates to recovery is concerned.
In view of aforesaid, the writ petition is disposed of.