Bidhan Chandra Krishi Viswavidyalaya and Anr. v. Kalipada Roy and Anr.
Case brief
What is this about?
Recovery of alleged excess pay from serving employee after wrong pay fixation; paragraph 18 of State of Punjab v. Rafiq Masih (White Washer), (2015) 4 SCC 334 relied upon by Single Bench and endorsed by Division Bench; pension fixed at lower re-fixed scale at PPO stage; pension payable only at scale actually entitled to post retirement; refund of recovery ordered within one month; representation within two weeks; personal hearing before Registrar of the University; reasoned refixation order within two months; arrears of higher pension if Registrar so decides; pension to continue meanwhile; MAT appeals disposed of after delay condonation; no affidavit, allegations not deemed admitted; no costs; parties to act on downloaded server copy.
What did the court decide?
Both appeals and their connected applications disposed of; delays condoned and CAN 1 applications allowed. In MAT 1704: refund of the recovered excess amount ordered forthwith and not later than one month; writ petitioner to file a representation within two weeks; Registrar of the University to personally hear him and pass a reasoned order within two months; pension to continue meanwhile, with any difference up to the higher pension to be paid expeditiously if the Registrar so decides. In MAT 1733: appeal disposed of as refund of the recovery was already effected. No order as to costs; parties directed to act on a server copy downloaded from the Court's official website.