Comptroller & Auditor Genl. of India &or v. Earid Sattar
In short. The case involves the Comptroller & Auditor General of India (Petitioner) against Farid Saltar (Respondent), who challenged a memorandum that directed the re-fixation of his pay and recovery of excess payment after he accepted a unilateral transfer from the post of Senior Accountant to Accountant. The court ruled in favor of the Respondent, stating that the unilateral transfer should not have resulted in a reduction of pay or recovery of excess payment, as the terms of the transfer were not adequately supported by the applicable rules.
Facts
Farid Saltar joined as an Auditor in the Office of the Accountant General (A & E), West Bengal, in 1982 and was promoted to Senior Accountant in 1987. In 1990, he sought a mutual transfer, which was not permissible, leading him to apply for a unilateral transfer to a lower post of Accountant in Sikkim in 1992. Upon transfer, his pay was erroneously fixed at Rs. 1560, which was higher than the pay scale for the Accountant position. In 1994, a memorandum was issued to re-fix his pay and recover the excess amount paid. Saltar filed an Original Application with the Central Administrative Tribunal (CAT) challenging this memorandum.
Arguments
Petitioner Arguments
The Petitioner argued that the Respondent was bound by the terms of the unilateral transfer, which required him to resign from his Senior Accountant position and join as a direct recruit at the lower pay scale. They contended that the pay of the transferee is not protected during such transfers and that the Respondent's pay should be fixed according to the rules governing direct recruits.
Critique: The court found that the Petitioner’s reliance on the terms of the unilateral transfer was misplaced, as the rules did not adequately support the recovery of excess payment or the reduction of pay in this context.
Respondent Arguments
The Respondent contended that his pay as a Senior Accountant should be protected despite the transfer to a lower post. He argued that the recovery of the excess payment was unwarranted and that the unilateral transfer should not have affected his pay adversely.
Critique: The court agreed with the Respondent, emphasizing that the unilateral transfer was not adequately addressed by the Fundamental Rules, and thus the Respondent should not suffer a pay reduction or recovery of excess payment.
Precedents considered
The judgment did not explicitly cite prior cases but referenced Fundamental Rules (F.R.) applicable to transfers and pay fixation. The court's interpretation of these rules was crucial in determining the outcome.
Legal principles
The court considered the principles surrounding unilateral transfers and the protection of pay during such transfers. It highlighted that the provisions of F.R.22 (1) (a) (3) were relevant, indicating that the Respondent's case should be treated as a transfer on request, which does not warrant a reduction in pay.
Decision and reasoning
Rationale
The court reasoned that the unilateral transfer was not explicitly covered by the Fundamental Rules, leading to the conclusion that the Respondent should not be penalized by a reduction in pay or recovery of excess payments. The court emphasized the need for clarity in the application of rules regarding pay fixation during transfers.
Outcome
The court ruled in favor of the Respondent, stating that his pay should not be reduced, and the recovery of excess payment was unjustified. The judgment did not specify further instructions for appeal or conditions for bail, as the ruling was in favor of the Respondent.
Conclusion
This judgment underscores the importance of clear procedural guidelines regarding pay fixation during transfers within government services. It highlights the need for administrative bodies to adhere to established rules and principles to ensure fair treatment of employees, particularly in cases involving unilateral transfers.
Read the full judgment on the Supreme Court website (PDF)
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