JAYANT KUMAR DAS vs DEPARTMENT OF POSTS on 9 November 2026

O R D E R

Mr.Sudhi Ranjan Mishra, Member, J.M.

The applicant challenging the order dated 26.06.2018 wherein direction was issued to reduce the pay of the applicant from 20.07.2006 and recover the so called over paid amount immediately and also the statement dated 25.06.2018 has filed this OA praying for following reliefs: a) To quash the order of Respondent No. 3 at Annexure A/8 and any other order passed at the back of the applicant. And b) Pass any other order as deem proper to give complete relief to the applicant.

2. The fact of the case as inter alia averred stated by the applicant in the OA is as follows: 2.1 That That the applicant joined in the Department of Posts as Postal Assistant on 20.07.1997.He was promoted to the cadre of Inspector of Posts from 20.07.2006 in the pay scale of 5500- 175-9000 (as per CPC V)

Kalpeswar Behera

2.2 On implementation of recommendation of the 6th Central Pay commission the pay of the applicant was revised w.e.f. 01.01.2006 under Rule 5 of the CCS(RP) Rules 2008 as per the option exercised by the applicant on 15.09.2008. A copy of which is filed herewith as Annexure-A/1. Be it appropriate here to point out that by taking into consideration the option exercised under Annexure-A/1 the applicant was given the following benefits :- Pre-revised pay in the PA Cadre as on 1.1.2006 = Rs 4800/- One additional increment =

Rs 4900/- Pay fixed as on 1.1.2006 = (4900*1.86+2400) Rs 11520/- As on 1.07.2006 (one increment)=

Rs11870/- 20.07.2006 (Date of promotion to IPO)=

(11870+360+1800)

Rs14030/-

2.3 As per Postal Directorate letter No. 4-4/2008-PCC dated 10.01.2013, the applicant re-exercised his option to fix pay from the date of promotion to Inspector of Posts cadre w.e.f. 20.07.2006 in the 6th CPC structure. Accordingly, O/o the Respondent No.2 considered the case of the applicant and fixed his pay at Rs 14430/- w.e.f. 20.07.2006 by taking into consideration the minimum of the revised pay corresponding to prerevised pay scale of 5500 to 9000+ GP of 4200/- meant for IPO cadre.

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However, after fixation of the pay of the applicant the Respondent No 3 raised objection to such fixation vide letter No PA- II/Stepping up of pay/274 dated 02.03.2016. It will be evident from Annexure-A/3 that the Audit while accepting the revised option exercised by the Applicant, instead of taking the pre- revised pay of the Applicant in the IPO cadre of Rs 5500 to Rs 9000/- by misconception assumed the pay of the Applicant as 4900/ as on 20.07.2006 and directed to reduce the minimum pay of the Applicant as Rs13670/- as on 20.07.2006. As such being the Applicant approached this Hon'ble Tribunal by filing OA No 562/2016. Which was disposed of by this Hon'ble Tribunal vide order dated 18.08.2016, by directing the Respondent No 2 to consider the representation of the Applicant with 3 months. Accordingly the Respondent No 2 constituted a committee and on the basis of the recommendation of such committee passed Order No ST/36-06/2013 dated 17.04.2017, upholding the pay fixation made by the DDO and over ruled the objection of the audit. The applicant continued to draw his pay as fixed by the DDO in pursuance to the above decision of the CPMG, Odisha Circle.

Kalpeswar Behera

2.4 That while the things stood thus the DG Posts vide OM No. 2-12/2013 PCC dated 24.10.2017 was pleased to pass orders directing grant of Grade pay of Rs 4600 in the 6th CPC structure in pursuance of Para 7.6.14 of the 6th CPC recommendation in favour of the Inspector of Posts cadre w.e.f. 01.01.2006. That consequent upon such upgradation of Pay band GP of Inspector of Posts from 4200 to 4600 the pay of the applicant was further revised and fixed at Rs 18460/- w.e.f. 20.07.2006. That for the reasons unknown behind the back of the Applicant office of the Director c Accounts i.e. Respondent No 3 vide its letter No. PAII/ Puri HO/ Pay fixation/2006/TR-74 dated 26.06.2018 directed Postmaster Puri HO R4 to re-fix the pay of the applicant as per the pay regulation statement submitted by them with further direction to immediately recover the overpaid amount with intimation to him. 2.5 That the letter No. PAII/ Puri HO/ Pay fixation/ 2006/ TR- 745 dated 26.06.2018 Respondent No 3 in Annexure-A/8 contains considerable irregularities and the regulation statement annexed to this letter is based on wrong interpretation of rules. Moreover, by issuing the letter under Annexure-A/8 the

Kalpeswar Behera respondent no 3 has overstepped his jurisdiction as the order suffers from the element of overruling the order of Respondent No 2. 2.6 That being aggrieved with the arbitrary and irregular order of the Respondent No. 3,the applicant submitted a representation to the Chief Postmaster General Odisha Circle on 03.07.2018 challenging the same but for no useful purpose. That the pay regulation statement dated 25.06.2018 of the Sr. Accounts Officer in the office of Respondent No 3, It has completely overrules the order under Annexure A/5 i.e. order No. ST/36- 06/2013 dated 17.04.2017 of the Respondent No 2 issued in pursuance to the order of this Hon'ble Tribunal. By issuing Annexure-A/8 the Respondent No 3 has not only exceeded his jurisdiction but also committed grave error of undermining the mandate of this Hon'ble Tribunal, in as much as no one except the CPMG, odisha Circle as per the direction of this Hon'ble Tribunal has the power (if any) to withdrew the benefit granted in favour of the Applicant as the benefit was granted to the applicant as per the mandate of this Hon'ble Tribunal, hence the order under Annexure-A/8 is liable to be quashed by this Hon'ble Tribunal.

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2.7 That as per DG (P) OM dated 24.10.2017, Annexure- A/6, the Grade pay of IP cadre officials saw an upward revision from 4200 to 4600 w.e.f. 01.01.2006. Therefore a fresh revision has to take place in respect of all IP cadre officials w.e.f 01.01.2006. Consequent upon such revision of GP placing them at appropriate stage of the Pay Band having GP of Rs. 4600/-. As per revised pay rules 2008, the minimum scale having GP of Rs. 4600/-has been fixed at Rs. 18460/-. Including the GP of Rs. 4600/-. 2.8 That the pay regulation statement prepared by the Respondent No 3 and annexed as Annexure A/8 is not correct in respect of fixation from 20.07.2006. In the OM dated 30.08.2008 (Annexure A/10) there is no scale of Rs. 9470/- having grade pay of 4600/-. The Respondent No 3 has no authority to alter mutilate an existing scale or create a new pay matrix on its own, contrary to what has been provided by statutory body like central pay commission VI. The Respondent No 3 has clearly transgressed his brief in overriding the orders of the Govt. on recommendation of the CPC VI and created a new stage of 9470/- with GP4600, which is outside the pay matrix of 6th CPC.

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2.9 That pay regulation statement dated 25.06.2018 showing the pay fixed at Rs. 14070/- w.e.f 20.07.2006 i.e. pay in pay band Rs. 9470 plus GP of 4600 is absolutely wrong. It contradicts the order of Respondent No 2 as per Annexure 5 issued in obedience to the orders dated 18.08.2016 passed in at No. 562/2016. 2.10 That the applicant begs to submit a copy of the pay regulation statement prepared by the Respondent No 3 in favour of Sri Tikan Kumar Debata, ASP (HQ), Sundergarh Division, whose case is akin to the applicant as both of them joined in the cadre of IP in July 2006. AS on 11.07.2006 the pay of Sri Debata has been fixed as 14830/- with GP of 4600 where as the pay of the applicant is fixed at 14070/- with GP of 4600/-. This pay fixation in two similarly placed officials shows conceptual deficiency and lack of clarity in proper interpretation of rules regulating fixation of pay by the Respondent No 3. This inconsistent order suffers from equity and therefore not tenables. The Applicant reserves the right to produce the pay regulation statement dated 24.01.2018 of Sri Tikan Kumar Debata at the time of hearing of the present case, if necessary.

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2.11 That as the applicant was promoted to the cadre of IP w.e.f 20.07.2006. On and from 20.07.2006 he earned his salary/pay in the IPO cadre, therefore, he is entitled to the minimum of the pay in pay band having 4600 GP and that figure is 18460/-. The Respondent No 4, the Drawing and Disbursing Officer of the applicant has correctly done that. Now the R3 overruled the orders of Respondent No 2 and 1 with his own interpretation of rules in which the pay of the Applicant was fixed at 14070/- inclusive of GP of 4600/- w.e.f. 20.07.2006, the date of Applicant's entry into IP cadre on promotion. But this stage 14070/- (9470+4600 GP) is not available in the pay band having GP of 4600-/.That with upward revision of GP of IP from 4200 to 4600 with effect from 01.01.2006 the minimum scale of such grade officials shall be 18460/- inclusive of GP 4600/-. The Respondent No 3 created a stage in the pay band on his own overlooking the recommendation as a statutory authority like CPC and subsequent order of the Govt. in such recommendation. 2.12 That as a model employer the Central Govt. department is expected to issue show cause to the official who is likely to be adversely affected by any order especially when the order is for recovery of any so called over paid amount to him. The Hon'ble

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Apex court has laid down crystal clear guide lines to this effect. But in a blatant display of colourable exercise of power the Respondent No 3 behind the back of the Applicant has issued direction to Respondent No 4 for recovery of a whopping amount without issue of a show cause notice to the applicant thus depriving him of an opportunity to present his case. This kind of arbitrary order issued at the back of the applicant is bad in law and therefore not tenable.That the Respondent No 4 has already deducted income tax from the arrear pay and allowances granted to the applicant consequent upon revision of his pay after enhancement of GP of Inspector of Posts cadre from 4200 to 4600. Hence, by the present order the applicant has been put to un-necessary harassment by the Respondent No 3. 2.13 That the orders in Annexure A/2 having been passed behind the back of the applicant without being offered any opportunity to contest the same, the proposed reduction in pay and recovery of so called over paid allowance suffers from arbitrariness and violates the principles of natural justice, hence the same is liable to be quashed by the Hon'ble tribunal. That in absence of any default, fraud or misconduct on part of the applicant the order of reduction of pay and recovery of overpaid

Kalpeswar Behera amount indicated in Annexure A/B are against equity and amounts to foul play, hence this order is liable to be quashed by this Hon'ble Tribunal. 2.14 That order for reduction of pay and recovery of the so called over paid amount without issuing show cause, displays a clear case of arbitrary, whimsical and untenable action of the Respondent No 3 as a colourable exercise of authority. That before directing the reduction and recovery under Annexure A/8, the Respondent No 3 did not follow any prescribed procedure to assess the justifiability of the proposed reduction. The order at Annexure A/8 does not spell out any reason towards wrong pay fixation to the applicant. Therefore, the annexure A/8 is not tenable. 2.15 That consequent upon upward revision of GP of the Inspector of Posts from 4200 to 4600 the minimum pay in this table is Rs. 18460/- and each Inspector of Posts is entitled at least to this pay w.e.f. 01.01.2006. But the Respondent No 3 created a new scale of Rs 9470/-plus GP of Rs. 4600/-. This stage of the scale is nowhere available in the fitment table having GP of Rs. 4600. It leads to a simple conclusion that the pay

Kalpeswar Behera regulation statement dated 25.06.2018 Annexure A/8 is a product of misconception and wrong interpretation of rules by Respondent No 3.That the Respondent No 3 has no authority to alter, mutilate any orders of Govt. issued on basis of recommendation of a statutory body like 6th CPC. He is not also empowered to create one, In the instant case the Respondent No 3 discovered a new scale of Rs. 9470/-with GP of 4600 that is beyond the recommendation of the pay commission. Pay scale of the officials must be as per the fitment table corresponding to the GP admissible for the post. Hence creating a scale of Rs. 9470/- with GP of Rs. 4600/- in favour of the applicant is not tenable and as such the order under Annexure-A/8 is liable to be quashed by this Hon'ble Tribunal.

3. The respondents have filed their counter stating as follows: 3.1 That the applicant joined in the Department of Posts as Postal Assistant on 20.07.1997. He was promoted to the cadre of Inspector of Posts with effect from 20.07.2006 in the scale of pay Rs. 5500-175-9000 (as per 5th Central Pay Commission). On implementation of recommendation of 6th Central Pay Commission, the applicant had initially opted for revision of his

Kalpeswar Behera pay on 15.09.2008 as per CCS (RP) Rules, 2008 and again on 28.01.2013 re-exercised his option to continue with the existing scale of pay of his substantive post until the date of his promotion to the post of Inspector Posts on 20.07.2006. As per his latest option dated 28.01.2013, his pay was revised with retrospective effect from 20.07.2006 in Pay Band-1 (5200-20200) with grade pay of Rs. 2400/- under Rule-7(A)(i) of CCS (RP) Rules-2008 in the post of Inspector of Posts in Pay Band-2 (9300- 34800) with Grade Pay of Rs.4200/- under Rule-13 ibid. Subsequently i.e on 24/10/2017, the grade pay of Inspector of Posts was upgraded from Rs. 4200/- to Rs. 4600/- with retrospective effect from 01.01.2006 vide Ministry of Communication, Department of Posts O.M. No. 2-12/2013-PCC dated 24.10.2017 and the same is annexed here with as Annexure R/1. The pay of the applicant was incorrectly fixed by Respondent No. 4 i.e. Postmaster, Puri HO at the stage at Rs.18,460/- (Pay in the Pay Band Rs. 13860 + Grade Pay Rs. 4600) w.e.f 20.07.2006 as per Annexure- A/10 of the OA taking pre-revised basic pay of Rs 7450/-in the pre-revised scale of Rs. 7450-225-11500/-which the applicant didn't hold before.

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3.2 The fitment table enclosed with Ministry of Finance O.M. dated 30.08.2008 is not applicable in respect of the applicant as the same relates to pay fitment in the pre-revised scale of Rs. 7450-225-11500 in normal replacement. For fixation of pay in the pay bands where posts have been upgraded as a result of recommendations of Sixth Central Pay Commission, the guidelines issued vide Ministry of Finance O.M. F.No.1/1/2008- IC dated 13.10.2008 is applicable. Accordingly, the pay of the applicant has been correctly fixed taking Grade pay of Rs. 4600/- in the Pay Band PB-2 Rs. 9300-34800 (Pre-revised scale (S-10) Rs.5500-175-9000). 3.3 That the Respondent No. 3, being the Internal Audit wing of Odisha Postal Circle, pointed out the irregularity in payment of arrears of pay and allowances arising out of wrong fixation of pay of the applicant by the Respondent No. 4 (Drawing & Disbursing Officer i.e Postmaster, Puri HO) vide Sr. Accounts Officer, PA-II Section letter no. PA-II/Puri HO/pay Fixation/2006/TR 745 dated 26.06.2018 as per annexure A/8 to the OA. 3.4 Before any action was initiated by the Postmaster, Puri HO (Respondent No.4) for re-calculation of arrears of the pay of the

Kalpeswar Behera applicant, the applicant managed to get the copy of the Sr. Accounts Officer, PA-II Section letter no. PA-II/Puri HO/pay Fixation/2006/TR

dated 26.06.2018 addressed to Respondent No.4 and suo-mottu preferred one representation dated 03.07.2018 to Respondent No.2, which has been annexed to the OA as Annexure-A/9. The said representation dated 03.07.2018 was received by the Respondent No.2 on 13.07.2018. Before any action could be taken by the Respondent No.2, the applicant hurriedly filed this present OA on 17.07.2018 challenging the objection raised as per Senior Accounts Officer, PA-II Section letter no. PA-II/Puri HO/pay Fixation/2006/TR 745 dated 26.06.2018 (Annexure-A/8). 3.5 Ministry of Finance vide OM No.8-23/2017-Ε.ΙΙΙΑ dated 28.09.2018 issued instruction that the pay of Central Government Employees who were appointed to such posts prior to 01.01.2006 and whose pay, as fixed in the revised pay structure under Rule 7 thereof as on 01.01.2006 turns out to be lower than the prescribed entry pay for direct recruits of that post, shall not be less than such entry pay w.e.f. 1.1.2006. The applicant got promotion to the cadre of Inspector of Posts with effect from 20.07.2006 with grade pay Rs.4200/- and

Kalpeswar Behera subsequently, the grade pay of the said post has been revised from 01.01.2006. As the applicant's pay falls short of the minimum entry pay of Rs. 17,140/ of the post of Inspector Posts, the applicant has been allowed minimum entry pay of Rs 17,- 140/- w. e. f. 20.07.2006 in PB-2 (9,300-34,800). 3.6 After receipt of letter no. 2-12/2013-PCC (Pt.) from Ministry of Communication, Department of Posts dated 23.10.2018 (Annexure-R/3), another revised pay regulation statement of the applicant was prepared by the Respondent No.3 and the same was supplied to the Postmaster, Puri Head Post Office (the Drawing & Disbursing Officer, Respondent No. 4) vide letter No. PA-II/Puri HO/pay Fixation/2006/TR 835 dated 12.12.2018 for taking further action. 3.7 That it is humbly submitted that the averment of the applicant is based on his own mis-interpretation of the provisions contained in Rule-13 of CCS (RP) Rules 2008 on fixation of pay on promotion on or after 01.01.2006. However regulation of his pay on promotion to IP cadre w.e.f 20.07.2006 made as per extant rulings and communicated vide office of the Respondent No.03 letter No.PA II/Puri HO/Pay fixation/2006/Tr.745 dated

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26.06.2018 (annexed to the OA as Annexure-A/8) has since been modified basing on the revised orders issued on the matter vide Gol, Ministry of Finance, DoE, OM No.8-23/2017-E.IIIA dated 28.9.2018 (Annexure-R/2) and Gol, Ministry of communications, DoP letter No.2-12/2013-PCC(pt.) dated 23.10.2018 (Annexure- R/3). The modified pay fixation and regulation has been communicated to the Drawing and Disbursing Officer concerned vide Respondent No. 03. letter No. PA II/Puri HO/Revised Pay fixation/J.K.Das/Tr.835 (Annexure-R/4).

4. The applicant has filed stating as follows: 4.1 He was recruited as Postal assistant on 20.07.1997 in the scale of pay of Rs 4000-6000 and promoted to Inspector of Posts (IPs) on 20.07.2006 in the scale of pay of Rs 5500-9000 in the structure of 5th Central Pay Commission 5th CPC). The 6thCPC report was accepted by Govt. of India by issuance of CCS (RP) Rules-2008 vide Ministry of Finance (Deptt. of Expenditure) Extraordinary Gazette Notification No-1/1/2008-I.C dated 29.08.2008 for revision of pay w.e.f. 01.01.2006 and the scale of pay of Inspector of Posts was revised and placed in GP Rs 4200/ in the PB-2 of Rs 9300-34800 in the 6thCPC structure. The

Kalpeswar Behera applicant's pay was revised w.e.f. 1.01.2006 in the 6yh CPC structure with payment of arrears of pay. In accordance with the postal directorate OM dated 10.01.2013 (Annexure-A / 2 ) the applicant re-exercised his option vide annexure-A/2 (page-14) to switch over to the 6th CPC structure from the date of his promotion to IPs on 20.07.2006. According to his revised option his pay was re-revised w.e.f 20.07.2006 by the AAO (Bgt), AD (accounts), O/o-CPMG (O) under the provision of Rule-11 of CCS (RP) Rules-2008 and granted minimum of pay of Rs 14430/ (Pay in pay band Rs 10230/= GP 4200-Rs 14430) in the GP 4200, corresponding to pre-revised scale of pay of Rs 5500-9000 in accordance with the table annexed at 18 of MOF (DOE) OM dated 30.08.2008 (Annexure-10). 4.2 Another IP Sri A K Swain applied for stepping up of his pay at par with the applicant and while checking the pay fixation of the applicant to grant the stepping up pay to Sri Swain, the DA (P) Cuttack directed vide letter No-PA.II/stepping up of pay/274 dated 02.03.2016 to the AD (staff), to refix the basic pay of the applicant at Rs 13670/ as on 20.07.2006 instead of Rs 14430/ in the 6th CPC structure and recover the over payments. The applicant had opted to switch over to 6th CPC structure from the

Kalpeswar Behera date of his promotion to IP cadre on 20.07.2006 and the IP was in pre-revised scale of Rs 5500-9000. The DA (P) misread the term "Basic pay applicable on later date" i.e on the date of promotion to IP cadre on 20.07.2006 and calculated the revised pay by presuming the pre-revised basic pay of the applicant as Rs 4900/ instead of Rs 5500/. 4.3 Therefore, the applicant represented against the direction of the DA (P) to the respondent no-1 and 2 and owing to non-reply he filed the OA No-562 of 2016 before this Hon'ble tribunal wherein it was directed to dispose the representation within three months. The respondent No-2 constituted an three men committee to examine the case and the committee found the fixation of basic pay of the applicant as on the date of promotion to IP cadre on 20.07.2006 by the AAO (Bgt) at the minimum stage at Rs 14430/, corresponding to IP's pre-revised scale of pay of Rs 5500-9000/ and corresponding to GP 4200/ is correct in its minutes dated 09.02.2017 (Annexure-R5). In compliance to the order of Hon'ble CAT dated 18.08.2016, the Respondent No-2 passed the order accepting the findings of the committee. As such in accordance with the findings of the committee it was established that the fixation of the pay of the applicant w.e.f the

Kalpeswar Behera date of his promotion to the cadre of IP on 20.07.2006 at the minimum of pay of Rs 14430/ in the GP 4200/ in 6th CPC structure, corresponding to pre-revised scale of pay of IPs of Rs 5500-9000/ was in order and as per rule. 4.4 The Grade pay of IPs was upgraded to 4600/ from 4200 vide order of MOC, Deptt of Posts O.M No-2-12/2013-PCC dated 24.10.2017 and therefore the basic pay of the applicant was again re-revised w.e.f 20.07.2006 by the concerned DDO cum PM, Puri HO on account of upgradation of grade pay to 4600/. Under same analogy as has been observed by the committee in the minute dated 09.02.2017, the PM, Puri HO granted the basic pay of Rs 18460/as on 20.07.2006 to the applicant. Which is the minimum of pay corresponding to grade Pay 4600/ as has been prescribed in fitment table at page 20 of OM dated 30.08.2008 (Annexure-A/10). 4.5 Again the DA (P) repeated its mistake to misread the Rule- 11 of CCS(RP) Rules-2008 as was done at the time of fixation of pay in the grade pay of Rs 4200/ and directed to fix the basic pay of the applicant at Rs 14070/ as on 20.07.2006 instead of Rs 18460/ and recover the over payments. Since the previous stand

Kalpeswar Behera taken by the DA (P) at the time of revision of pay in GP 4200/had already been rejected after deliberate scrutiny by a high power committee in its minute dated 09.02.2017, the present objection in same ground in revision of pay in GP 4600/ is obviously repetition of same mistake and thus is unsustainable. 4.6 It is further submitted that the MOF, DOE upgraded the GP from Rs 4200/ to Rs 4600/ of Assistants in Central Secretariat Services vide OM No-No-1/1/2008-1.C dated 16.11.2009 and accordingly the Postal Directorate itself vide order No-17- 10/2008-Admn dated 21.04.2010, revised the pay of 5 UDCs those were in similar pre-revised scale of Rs 4000-6000 and who were promoted to the Assistants of Central Secretariat Services during 01.01.2006 to the date of notification of CCS (RP) rules- 2008 and granted the minimum pay of Rs 18460/ (Minimum pay in Pay Band Rs 13860+GP RS 4600), corresponding to GP Rs 4600/ from the date of their promotion in 6th CPC structure. These cases are similar to that of the case of the applicant and grant of minimum pay of Rs 18460/ in GP 4600/ to the applicant from the date of his promotion to IP cadre in the GP of Rs 4600/ is evidently correct and according to provision of CCs (RP) Rules- 2008. The copies of OM dated 16.11.2009 and order dated

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21.04.2010 are filed here with as Annexure-A/12 and Annexure- A/13.

5. Heard both sides and perused the records.

6. The notification dated 29.08.2008 issued by the Department of Expenditure, the Clause 7 (i)(a)(i) states as under:

(i) The pay in the pay band/pay scale will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.

7. The first Scheduled Part B Section 1, as has been quoted by the learned counsel for the applicant, refers to up-gradation of the posts, in case such posts are not available for the employees, who were working in the three pre-revised pay scales of S-10, S- 11 and S-12. This does not say that pre-revised pay scale of S-10, S-11 and S-12 would be revised to S-13 i.e., Rs.7,450-11,500. Wherever such up-gradation has been allowed, the said up- gradation has been expressly mentioned in Section -2 of the same Schedule. In case Inspector of Posts, no such explicit up- gradation of pay scale has been issued. Illustration 4 B has been given regarding calculation of the pay scales in case of the merged cadres in the pay scales of Rs.5000- 8000, Rs.5500-9000 and Rs. 6500-10500.

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8. The Illustration 4B for convenience is reproduced below:- Illustration 4B: Pay fixation in cases where pay scales have been merged e.g. pre-revised pay scales of Rs. 5000-8000, Rs. 5500- 9000 and Rs.6500-10500

1. Existing Scale of Pay Rs,5000-150-8000

2. Pay Band applicable PB-2Rs.9300-34800

3. Merged with the scale of pay Rs.6500-200-10500

4. Existing basic pay as on 1.1.2006 Rs.5600

5. Pay after multiplication by a factor Of 1.86 Rs.10416(Rounded off to Rs.10420)

6. Pay in the Pay Band PB-2 Rs.10420

7. Pay in the Pay Band after including Benefit of brunching, if admissible Rs.10420

8. Grade Pay attached to the scale Of Rs.6500-200-20500 Rs.4200

9. Revised basic pay-total pay in the Pay band and grade pay Rs.14620

9. As it is clear from the illustration that if the existing pay scale of anybody is Rs.4,900, then it has been multiplied by a factor of 1.86 which will come to at Rs. 9,114/- rounded up to Rs. 9120 + Grade Pay of Rs. 2400/- = Rs. 11520/-. Thereafter on grant of grade pay of Rs. 4600/-, the minimum entry pay comes to Rs. 17140/-. This has been rightly calculated by the re- fixation order dated 12.12.2018. The averments made by the learned counsel for the applicant is that as the Grade Pay has been revised to Rs. 4600 in PB-2 the corresponding pre-revised pay scale should also be revised. This assertion is erroneous in sense that the applicant is first considering the Grade Pay of

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Rs.4600 and then going back to the corresponding pre-revised pay scale which correspond to S-13. In view of this, we do not find any illegality on the action taken by the respondents in refixing the pay of the applicant and recovering the excess of pay.

10. Therefore, we find no merit in the present case and hence it is dismissed with no order as to the costs. Pending MA’s, if any, stands disposed of.

(PRAMOD KUMAR DAS) (SUDHI RANJAN MISHRA) MEMBER (A) MEMBER (J)

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