The Central Administrative Tribunal has quashed an order of Defence Ministry (MoD) to recover excess pay given to two truck drivers due to a "wrong interpretation" of a circular restructuring wages of the cadre of the artisan staff in the defence establishment.
Under the 2003 restructuring, pay scales of three categories of defence artisan staff i.e. Skilled, highly skilled and master craftsman were fixed. In the lowest grade (skilled), a pay scale of Rs 3,050-4,590 was prescribed.
Members of the tribunal Dharam Paul Sharma and Veena Chhotray in their order on the plea of two Central Ordinance Depot truck drivers Ram Niwas and Bablu Ram quashed the ministry's order for recovering the excess amount paid to the drivers but upheld its decision to put them into a lower pay scale.
The duo were being paid revised wages under skilled category with effect from May 1999 (Ram Niwas) and February 1997 (Bablu Ram) after the 2003 circular, but authorities later downgraded them to "semi-skilled" category under a previous order and sought recovery of excess wages, blaming "wrong interpretation" of the circular for the fiasco.
The truck drivers, however, contented that they come under the category of the skilled staff and had sought directions that they be paid the salary applicable to this category.
The ministry, on the other hand, argued that as per a 1983 circular "truck drivers" as a job group had been put in the category of semi-skilled workers and the duo are therefore not entitled to the higher pay scale as per the 2003 circular.
"We do not find the claim of the truck drivers about their entitlement to the higher pay scale of Rs 3,050-4,590 prescribed for the skilled category posts as per 2003 Circular as a valid one and hence the ministry would be very much within its right to correct the mistake...
"However, since the erroneous pay fixation in this case had admittedly be done due to wrong interpretation of the circular on the part of the ministry itself, without any misrepresentation or fraud on the part of the truck drivers, the recovery of amount already paid would not be permitted," the judge said.
Source : http://www.business-standard.com
