I am an Engineer working in a Rajasthan State Government subsidiary Transmission Company. Service Rules of state Government are followed in my organisation.
I was appointed as Junior Engineer (Non Gazetted cadre) in the organisation in June 1994.
As per rules three Selection Grades (ACP) is to be given to employee of Non Gazetted cadre after completion of 9 years,18 Years,27 years of service and for Gazetted cadre ACP is to be given after completion of 10 years,20 Years,30 years of service.
Sanction of 1st ACP was given to me after 9 years i.e. in June 2003.
In the month Sept. 2009, I was promoted to Assistant Engineer on temporary & adhoc basis & my name was kept in the seniority list of Jr. Engineer (Non Gazetted cadre).
Sanction of 2nd ACP was given to me after 18 years i.e. in June 2012.
In the month of March-13, I was promoted to the post of Assistant Engineer (Gazetted Officer Cadre) against the vacancy of the year 2010-11.
Hence considering that I was promoted to the Gazetted Cadre in 2010-11 –
Can department withdraw the ACP sanctioned to me after 18 year of service on the plea that I was promoted to Gazetted Cadre against the vacancy of year 2010-11 hence ACP would be eligible as per rules applicable to Gazetted Cadre i.e. after 20 years instead of 18 year ?
Can department recover the excess amount paid to me due to ACP in 18 years?
Here I Supreme court's order referred below is also relevant.
As per Supreme Court order in Syed Abdul Qadir & Ors. Vs. State of Bihar & Ors. [2008] INSC 2190 (16 December 2008) , “This Court, in a catena of decisions, has granted relief against recovery of excess payment of emoluments/allowances if (a) the excess amount was not paid on account of any misrepresentation or fraud on the part of the employee and (b) if such excess payment was made by the employer by applying a wrong principle for calculating the pay/allowance or on the basis of a particular interpretation of rule/order, which is subsequently found to be erroneous”
GCS
