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 ... reads as follows:
"In the condition of irregular/wrong pay fixation, the institution
shall be responsible for recovery of the amount received in
excess
submitting that in a case of wrong payfixation where
excess salary has been paid to the employee, the
recovery made by the respondent authorities ... passed for the sake of rectifying a mistake in
granting a wrong payfixation, it remains to be seen
whether such an action
getting the excess pay, the amount paid due to irregular/wrong
fixation of pay be recovered."
The Hon'ble supreme Court ... years from the date of grant of higher scale of pay on wrong fixation and
the date of reduction of the pay, has held therein
case, wrong fixation of higher pay in favour of the petitioner.
In my opinion, emoluments for the purpose of fixation of pay of an
employee ... date of his superannuation and not the pay,
which he received because of wrong pay fixation. Therefore, so far
the fixation of pension is concerned
legal obligation to recover the
excess salary paid, on account of wrong pay fixation, in the earlier years, from the salary
which would have been ... make, in respect of excess payments
made on account of wrong pay fixation. The fact that the assessee, on her own, refunded the
amount
Bramhanand Rathiya vs State Of Chhattisgarh on 18 August, 2015
Author: Prashant Kumar Mishra
Bench
petitioners
actually joined on 01.05.1989. There was wrong fixation of pay of the petitioners
taking the initial date of promotion as 10.04.1989, which ... aforesaid two cases, excess payment made due to wrong/irregular pay fixation
can always be recovered.
However, in a recent decision in Rafique Masih
Since he
was not responsible for wrong fixation of his pay, if at all
the pay was wrongly fixed by the respondents, the excess
payment ... respondents that the petitioner himself was
responsible for wrong fixation of pay and to take
advantage of such a wrong, he would not be entitled
increments were wrongly paid to
the petitioner because of which a wrong fixation was made. On
the basis of said wrong pay fixation, the petitioner
pay was fixed by granting them one increment, plus the difference of Grade Pay (i.e. Rs.100), after availing benefits of pay fixation ... allowing them the grade pay of Rs.2000 plus 3% increment and thereafter they were wrongly granted benefit of pay fixation of 3% on their
