A learned single judge by order dated 13.6.1995 disposed of the writ petition quashing the order of re fixation of salary.
These appeals are directed against a judgment of the division bench of Andhra Pradesh High Court When the matter was listed before a bench of 2 learned judges of this Court, the bench felt that there is some inconsistency between the two earlier judgments of this Court, Director General of Posts and Ors.
The disputes centers round the question as to the fixation of pay of an employee on retirement from defence services and re employed in a civil post As it appears from the records of these appeals, on retirement from army, the appellants were re employed in the National Institute of Rural Development.
v. B. Ravindra and Anr.
The employer being aggrieved by the aforesaid order of the learned single judge, approached the division bench in appeal.
In accordance with the said direction of the High Court, the appellants re approached the appellate authority, but the appellate authority affirmed the order of the original authority dated 28.8.1992, and therefore the appellants were companypelled to file the fresh writ petition in the High Court.
The Court referred the matter to 3 judges bench, and that is how the matter is before us.
But in the year 1992, by order dated 28.8.1992, on the basis of the relevant government circulars applicable for fixation of the pay, the pay was re fixed by the appropriate authority, and direction was issued for recovery of excess amount already paid to these appellants.
On re employment, their pay had been fixed at a particular sum.
and Director General, ESI Corporation v. M.P. John and Ors. ,
Assailing the same, the appellants had moved the High Court in a writ petition, but the writ petition was number entertained on the ground of availability of an alternative remedy, and the appellants were directed to approach the appellate authority.
