1 S.B.CIVIL WRIT PETITION NO. 2255/2002 Sgt. Braj Kishore Gupta Vs. Union of India & Ors. Date of Order :: 21.04.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mrs Nupur Bhati, for the petitioner/s. Mr M.S. Godara for Mr. V.K. Mathur, for the respondents. ... The petitioner was enrolled with Indian Air Force as Education Instructor in the rank of Sergeant on 2.3.1995. Looking to the qualification possessed by him, the pay scale relating to Group – X was given to him, consequently, the pay scale was stepped up from Rs. 4670-85-5945 to 5000-100-6500. The pay scale so given was withdrawn from the month of January 2002 and the respondents also proceeded to effect recovery from pay of the petitioner against the amount said to be paid in excess. Being aggrieved by the same this petition for writ is preferred. According to learned counsel for the petitioner the pay scale of Rs.5000-100-6500 was rightly given to the petitioner by placing him in Group-X, and as such, there was no reason to withdraw the same. Per contra, as per the respondents, the pay scale relating to the Group-X is available only to the Sergeants working in technical trades and the petitioner being working as Education Instructor was not entitled for getting upgraded pay. It is also stated by learned counsel for the respondents that the upgraded pay scale granted to the petitioner was 2 withdrawn after examining his entitlement in view of the existing Air Force Orders. Heard counsel for the parties. As per the existing Air Force Orders (on which the document Annexure-8 is based) Group-X consist of technical trade as well as Education Instructor category, but the upgraded pay scale is granted by the respondents only to the technical trade and not to the Education Instructors. No wrong, therefore, was committed by the respondents by withdrawing the upgraded pay scale granted to the petitioner. So far as the recovery of the amount said to be paid in excess is concerned, suffice it to note that the upgraded pay was not allowed to the petitioner because of any misrepresentation or fraud on his part but by the respondents at their own, therefore, no order to recover money from pay of the petitioner could have been made. Accordingly, this petition for writ is disposed of by holding withdrawal of the upgraded pay scale granted to the petitioner just and proper, the respondents, however, are restrained from effecting any recovery from the petitioner's pay for the amount said to be paid in excess as a consequent to the grant of upgraded pay scale. (GOVIND MATHUR), J. Jgoyal '