TaxTMI 
TaxTMI 
2014 (6) TMI 1092
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....ment, Government of India issued a communication bearing No. F.No. A11014/2/87/T-4 dated 5th February, 1988 to the Principals of all Regional Engineering Colleges (except Srinagar and Jaipur) revising the scales of pay attached to the Senior Administrative posts carrying the Central scales of pay on the basis of the recommendations of the Fourth Central Pay Commission w.e.f. 01.01.1986. Thereafter, the Board of Governors of the appellant-Institute resolved to accept the proposal of the Central Government regarding revision of pay scale attached to the Senior Administrative posts. 4. On 19th April, 1988, the Department of Education, Ministry of Human Resource Development, Government of India, issued another order to the effect that the non-academic post of Registrar, Librarian and Foremen in the Regional Engineering Colleges be given State pay scales comparable to pay scales in similar other institutions in the State. It was decided that an option may be sought from the present incumbents whether they would like to opt for the Central scales of pay or State scales of pay. Those who may opt for Central Scales of pay their posts may be convened into the State Scales of pay as and w....
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....elow: S. No . Names of the post Present scale now approved (w.e.f. of pay) Revised 1986 scale of pay as approved by Govt. Of India 1. Registrar Rs. 3000-100-3500-125-4500 Rs. 2200-5- 2300-75-2900- 90-2350-100- 3950-120-4070 2. Workshop Supdt. Rs. 3000-100- 3500-125- 4500 Rs. 2200-5- 2300-75-2900- 90-2350-100- 3950-120-4070 3. Deputy Registrar Rs. 2200-75- 2800-EB-100- 4000 Rs. 1900-50- 2300-75-2900- 90-3350-100- 3650 4. Librarian Rs. 2200-075- 2800-EB-100- 4000 Rs. 1900-50- 2300-75-2900- 90-3350-100- 3650 7. Respondent No. 1, who was working as Deputy Registrar in the appellant-Institute opted for the Central pay scale with respect to the post of Deputy Registrar vide his letter dated 7th July, 1993. 8. Several posts, including the post of the Registrar, became vacant during this period. Therefore, the appellant- Institute issued notification No. 5295/ESTT/12/B1 dated 29th July, 1994 inviting applications for appointment to various posts, including the post of the Registrar, by direct recruitment. The notification unequivocally stated that the scale of pay applicable to the post of Registrar is Rs. 2375- 75-200-100-3....
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....and submitted a report dated 24th February, 1999 recommending appropriate disciplinary action against respondent No. 1. 12. Based on the recommendation of the Enquiry Committee dated 24th February, 1999, a show cause notice dated 10th May, 1999 was issued to respondent No. 1 seeking an explanation as to why the pay scale of respondent No. 1 as shown in the appointment letter should not be rectified by amending the appointment letter dated 16th February, 1995 issued to him by deleting the scale of pay of Rs. 3000-4500 and substituting the same with the scale of Rs. 2375-4450. The show cause notice also sought to fix his salary accordingly and sought explanation as to recovery of excess pay drawn by respondent No. 1 be not made. 13. On 5th June, 1999, respondent No. 1 submitted his reply to the aforesaid show cause notice dated 10th May, 1999. 14. Thereafter, on 6th July, 1999 the appellant-Institute, after considering the reply filed by respondent No. 1 issued an order rectifying the pay scale of respondent No. 1. Accordingly, the pay scale of Rs. 3000-4500 mentioned in the appointment letter dated 16th February, 1995 was deleted and same was substituted with pay scale of R....
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....n favour of respondent no. 1, it was open to the competent authority to rectify the mistake. 21. On the other hand, stand taken by respondent no. 1 is that he was rightly granted Central scale of pay, the order recalling the benefit is illegal. 22. Appointment to the post of Registrar was made by the Institute by direct recruitment pursuant to notification No. 5295/ESTT/12/B1 dated 29th July, 1994. The notification unequivocally stated that the scale of pay applicable to the post of Registrar is Rs. 2375-75-200-100-3700-125-4450 and that besides the basic pay in the applicable time scale of pay of the respective posts, admissible allowances in accordance with Karnataka Government Rules as in force from time to time are payable. Pursuant to the said notification respondent no. 1 was appointed as Registrar by letter No. 5487/ESTT/1994/91 dated 16th July, 1995. However, in the letter of appointment the Central scale of pay of Rs. 3000- 100-3500-125-4500 with other allowances were mentioned. 23. It is not the case of respondent no. 1 that the Central scale of pay of Rs. 3000-4500 as shown in his letter of appointment was notified by the Institute. The case of respondent no. 1 ....