CWP(T) No. 5063/2008 22.04.2010 Present: Mr. D. K. Khanna, Advocate, for the petitioners Mr. Adarsh Sharma, Advocate, for the respondents. The petitioners were working as Clerks. Inadvertently, their pay was fixed in the pay scale of Rs.510-800 w.e.f. 1.1.1978. They had no role in fixation of such pay. They 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 petitioners had no role in getting their salary fixed. In any event, they were also not afforded any opportunity before their pay scales were 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 petitioners 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 them in excess of their entitlement. The amount involved is also not substantial. With the aforesaid observations, the petition stands disposed of. ( Sanjay Karol ), Judge. April 22, 2010 (rana)