pay scale and to avoid any difficulty in the future,
again you are hereby directed about the pay fixation through
enclosures. If pay fixation ... indicate that when the revised pay scale/pay fixation was
fixed on the basis of the 5th Central Pay Scale, a condition was
superimposed which
therein can
retain the amount received on the basis of irregular/wrong pay fixation in
the absence of any misrepresentation or fraud on his part ... stipulation in the fixation order
that in the condition of irregular/wrong pay fixation, the institution in
which the appellants were working would be responsible
ground taken for directing recovery was that there was
wrong fixation of pay. That was again challenged before the High Court.
Taking note ... writ petitioners
were not responsible for any wrong fixation of pay, the recovery of the
amount was held to be inequitable by learned Single Judge
parity on the basis of a wrong fixation of pay of Gopinath.
When the pay was wrongly fixed and Gopinath Dey was given a higher ... fixation of pay of
Gopinath Dey at higher initial start in the pay scale of LDA at par with the
last pay drawn
while admitting that the pay fixation by the Education Department was
wrong, stated as under:-
"...the fixation of pay under Fundamental Rule ... wrongly
been made as it was not in existence. Pay fixation on the basis of a non-existent rule
is a bona fide mistake
objection was
raised regarding wrong refixation of the pay of the appellants.
The issue involved in the appeals is regarding fixation of pay ... University. Their pay was fixed
in terms of the normal rule granting higher pay on promotion.
Audit objection was raised regarding wrong fixation of pay
continuing wrongs and recurring/
successive wrongs have been applied to service law disputes. A `continuing
3
wrong' refers to a single wrongful act which ... continuing wrong
and recurring wrongs and reversed the decision. This Court held :
"The appellant's grievance that his pay fixation
grievance that his pay
fixation was not in accordance with the rules, was the
assertion of a continuing wrong against him which gave rise ... would be entitled to proper
fixation of his pay in accordance with rules and to
cessation of a continuing wrong if on merits his claim
pay protection and consequent fixation of pay in the
selection post.
14. In Syed Abdul Quadir (supra) the Court was dealing with fixation of
pay ... decision does not
assist the respond to pyramid the submission of pay fixation and grant
of pension.
16. In Union of India and another
Appellants
were entitled for fitment in the corresponding pay-scale
of their existing pay-scale as per Rule 7 of the 1983
Rules. According ... High Court.
Recovery of excess amounts paid due to wrong fixation
on the revision of pay scales was upheld by the High
Court
