increment on account of
promotion, wrong release of | increment after
grant of higher pay scale, wrong pay fixation
and/or wrong absorption on account ... affected
the pay on 01.01.2006 for fixation of pay in
6% pay. Hence no modification order of
fixation issued of fixation. Only increment
month revised
case where the handlers were paid excess money because
of wrong pay fixation or by mistake. FCI itself suspended the operation of
the circular dated ... this payment was made under mistake or due
to bona fide wrong pay fixation. Hence, in my considered view the ratio of
Chandi Prasad Uniyal
Bramhanand Rathiya vs State Of Chhattisgarh on 18 August, 2015
Author: Prashant Kumar Mishra
Bench
from his leave encashment
proceeds, on account of alleged wrong fixation of pay at the time of his
promotion from the Feeder post Master ... alleged recovery of excess amount drawn by him
on account of wrong pay fixation, the, application made under Section
govern the fixation of pay.
It is only the wrong fixation of pay of the respondent-plaintiff that was
under challenge and was gone into ... revised
scale fixed at Rs. 716/- instead of Rs. 694/-.
Wrong fixation of pay in terms of Memorandum of
Settlement prima facie would not reveal
Bangalore Bench
denying pay fixation in CDA scales on 01.10.2000 because even if the
applicant had opted for pay fixation from the date of next ... done to the applicant. The excess
paid pay and allowance as a result of wrong pay fixation were recovered from
the Retirement Gratuity
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 nonexistent rule is a
bona fide mistake
upgraded pay scale of Rs.4000-6000
and, accordingly he was given the benefit of 1 st and 2nd Time Pay Scale of
pay ... found in his pay-fixation and on account of such
mistaken/wrong pay-fixation, if any excess amount is paid to him, then
he would
have been declined,
8
the grievance with respect to wrong fixation of payscale cannot be
said to be a stale claim. In the writ ... respondentworkman raised a grievance with respect to wrong
fixation of his payscale or not. The petitioner has already filed
written statement before
withheld on grounds that excess payment was made due
to wrong fixation of pay. The issue was dealt by this Tribunal in OA
1434/1993
