Union of India & Ors Vs. Smt.
Sujatha Vedachalam & ANR  INSC 209 (7 April 2000)
V.N. KHARE & DORAISWAMY RAJU
V.N. KHARE, J.
L.I.T.J The respondent in C.A. No.6423/98 was
working as a Senior Accountant in the pay scale of Rs.1400-2600 in the office
of the Accountant General, Maharashtra at Nagpur and was drawing a pay of
Rs.1260/- per month. Subsequently for personal reasons the respondent sought
transfer to the office of the Accountant General, Karnataka at Bangalore.
Her request for transfer was accepted on
certain terms and conditions stipulated by the appellants and the same were
accepted by the respondents. One of the conditions of the transfer was that the
respondent has to technically resign from the post which she was holding and
she was to join as direct recruit to a lower post of Clerk in the pay scale of
950-1500. On acceptance of terms and conditions the respondent was transferred
as a Clerk to the office of Accountant General, Karnataka at Bangalore. After
the transfer to a lower post her pay was erroneously fixed at Rs.1250/- per
month. Subsequently when the mistake came into light her pay was fixed at a
stage of Rs.1070/- by order dated 1.12.1995. The order for recovery of excess
pay to the respondent was also passed. The respondent challenged the said order
before the Central Administrative Tribunal and the tribunal allowed the
Original Application filed by the respondent. The writ petition filed by the
appellants was dismissed.
The respondent in C.A. No.6422/98 was working
as Accountant in the office of the Accountant General, Andhra Pradesh at
Hyderabad in the pay scale of Rs.1200-2040.
Subsequently, the respondent sought transfer
from the office of Accountant General, Andhra Pradesh to the office of the
Accountant General, Karnataka at Bangalore. The said transfer was accepted with
certain terms and conditions to the effect that in case of such a transfer she
has to technically resign from the post of Accountant and accept the reverted post
of Clerk and has to join as a direct recruit. After transfer to the post of
Clerk in the office of the Accountant General, Karnataka at Bangalore the pay
of respondent was fixed at Rs.1260/- per month. Subsequently it was found that
the pay of respondent on reversion ought to be fixed at Rs.1090/-.
Consequently, orders for re-fixation of pay and recovery of excess amount were
issued. The respondent challenged the said orders by means of Original
Application before the Central Administrative Tribunal. The tribunal allowed
the application of the respondent and the writ petition filed by the appellants
For the reasons stated in Civil Appeal
No.13020/96 titled Comptroller & Auditor General of India & Ors. v.Farid
Sattar, decided today and decision of this Court in Special Leave Petition
No.9324/96 titled Chandan Saha v. Union of India & Ors., decided on 25.4.96
the impugned orders and judgments under appeal are set aside. Both these
appeals are allowed. There shall be no order as to costs.
However, so far as recovery of excess pay
paid to the respondents is concerned, the appellants may recover the said
amount in easy installments which may be spread over for fifteen years or till
the date of retirement whichever is earlier.