“15. Considering the above facts and circumstances of the case and our analysis and findings on the issues, we come to the considered conclusion that the applicant’s case has merit. The pay correction submitted by the respondent at para 3 of the counter has correctly brought out that the applicant’s entitlement and we direct that applicant’s basic pay to be at (a) Rs.4900/- on 09.08.1999 in the pay scale of Rs.4000-100-6000; (b) Rs.5150/- on 09.08.1999 due to grant of second ACP in the pay scale of Rs.5000-150-8000 w.e.f. from that date; (c) Rs.5300/- on 01.08.2000 after grant of annual increment of Rs.150/-; (d) Rs.5450/- on 01.08.2001 due to increment; and (e) Rs.5450/- on 31.12.2001, the date of his retirement. In the result, the order dated 20.9.2006 refixing his pay at Rs.5400 as on 01.10.2001 is not correct and is, therefore, quashed. Accordingly the applicant’s basic pay on the date of his retirement being Rs.5450/, his retirement benefits would be as per the said basic pay. The respondents are directed to revise his pension, gratuity, leave encashment and commuted pension accordingly. Before issue of fresh Pension Payment Order of the applicant and actual statement of his dues/excess payment amount, the details shall be furnished to the applicant and on receipt of his response; the final order on the issues should be passed. While deciding the issues, our direction within in respect of the overpayment if any made, should not be recovered from the applicant and if already recovered, the same needs to be returned.”
