having joined service in 1975 as second div asst in finanace dept i have been promoted to Gazetted cadre in 2006 accordingly pay and allowances are to be regulated by accountant General in state in gazetted cadre
After my promotion service register was sent to AG for issue of pay slip it was alleged by AG that pay fixation rendered in Non gazetted cadre in the yaear 1994 was no incorrect by one incorrect by Rs 200/- hence directed competent authority in parent dept who is supposed to fix the pay in non Gazetted cadre to refix tha pay by reducing it by Rs 200/- and directed to intiate the recovery process of excess paid salary for last 12 years and went ahead (without giving me reasonable oppurtunity to explain) to fix the salary in Gazetted cadre by denying promotional increment. In other word he continued same pay structure as it was in NGO cadre without giving benefit of increment in lieu of Promotion.
Aggrieved by this injustice I filed a petition in the adminstarative Tribunal in 2006 on the groung that no notice or reasonable oppurtunity has been given which was admitted by Tribunal and pending since 2006 and stay is not granted
Now DOPT GOI has issued an order insisting that excess payment made before 5 years to date of detection is not to be recovered in case of group C and D Employees my case fits in the category
Above order was issued on the basis of Supreme court Judgement rendered in 2014 in th case of state of punjab vs Rafiq Masih thsi being reportable as well law of land
Now iam at loss to understand how i should proceed in the case?
(1) whether should i represent AG requesting him to with draw the impuned order reducing my pay (since element of recovery of so called excess payment is also challenged along with having not given notice or reasonable oppurtunity in Tribunal) in view of latest supreme court judgement which is reportable and copies of same have been sent to all state Govts
Above supreme court judgements deals with only one aspect of excess payment
where as my case is on twin ground of denial of natural justice and arbitariness of refixation of pay after long gap of 12 years
what should be my course of action may please be highlighted
unable to attach the copy of circular as pdf is restricted in this portal hence the referenc as below
DOP Circular No.F.No 18/03/2015_Est.Pay(1) dated 2nd March 2016