CWP(T) No. 5076/2008 26.04.2010 Present: Mr. D. K. Khanna, Advocate, for the petitioner. Mr. Adarsh Sharma, Advocate, for the respondents. The petitioner was working as Clerk. Inadvertently, her pay was fixed in the pay scale of Rs.510-800 w.e.f. 1.1.1978. She had no role in fixation of such pay. She continued to receive the pay till 28.1.1998, when office order (Annexure R-5) was issued and the pay was re-fixed in different scales for different periods of time in a scale lower than Rs.510-800. The order was issued in the year 1995. Consequent to the said order, the Management took a decision that the excess amount received by the claimants, though inadvertently, would be recovered by way of installments of a sum of Rs.500/- per month. This is evident from the letter dated 28.1.1998 (Annexure A-2). In the reply, the respondents have simply stated that the pay was fixed in the higher scale due to oversight which fact was discovered subsequently when a clarification was issued by the authorities. Evidently, the petitioner had no role in getting her salary fixed. In any event, she was also not afforded any opportunity before her pay scale was reduced. Be that as it may be, keeping in view the ratio of law laid down by the Apex Court in Syed Abdul Qadir & Ors. vs. State of Bihar & Ors. (2009) 3 SCC 475 and earlier decision reported in Sahib Ram vs. State of Haryana & Ors. 1995 Supp.(1) SCC 18, interest of justice would be met if a direction is issued that the petitioner shall continue to get the pay as per the revised pay scale. But however, no recovery shall be effected for the amounts which already stands disbursed to her in excess of her entitlement. The amount involved is also not substantial. With the aforesaid observations, the petition stands disposed of. ( Sanjay Karol ), Judge. April 26, 2010 (rana)