Q: Elaborate the citation of UNION OF INDIA AND OTHERS V. SUJATHA VEDACHALAM (SMT) AND ANOTHER, 2000 ?

Ans:

UNION OF INDIA AND OTHERS V. SUJATHA VEDACHALAM (SMT) AND ANOTHER, 2000

The respondent in CA No. 6423 of 1998 was working as a Senior Accountant in the pay scale of Rs. 1400-2600 in the Office of the Accountant General, Maharashtra at Nagpur and was drawing a pay of Rs. 1260 per month. Subsequently for personal reasons the respondent sought transfer to the Office of the Accountant General, Karnataka at Bangalore. Her request for transfer was accepted on certain terms and conditions stipulated by the appellants and the same were accepted by the respondents. One of the conditions of the transfer was that the respondent had to technically resign from the post which she was holding and she was to join as direct recruit to a lower post of Clerk in the pay scale of Rs. 950-1500. On acceptance of the terms and conditions the respondent was transferred as a Clerk to the Office of the Accountant General, Karnataka at Bangalore. After the transfer to a lower post, her pay was erroneously fixed at Rs. 1250 per month. Subsequently when the mistake came to light, her pay was fixed at a stage of Rs. 1070 by order dated 1-12-1995. The order for recovery of excess pay to the respondent was also passed. The respondent challenged the said order before the Central Administrative Tribunal and the tribunal allowed the original application filed by the respondent. The writ petition filed by the appellants was dismissed.

The impugned orders and judgments under appeal are set aside. Both these appeals are permitted. There shall be no order as to costs. However, so far as recovery of excess pay paid to the respondents is concerned, the appellants may recover the said amount in easy instalments which may be spread over for fifteen years or till the date of retirement, whichever is earlier. 

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