H.S. Thangkhiew, J. - (1.)Heard Mr. N. Synkon, learned counsel for the petitioner and Mr. S. Dey, learned Standing counsel for the respondent No. 1 and 2.
(2.)The writ petitioner who is serving as Senior Microscopist in the office of the District Malaria Officer, Government of Meghalaya, East Khasi Hills, Shillong is aggrieved with the letter dtd. 11/1/2021, wherein it is indicated that the Basic Pay of the petitioner had been wrongly fixed for the period w.e.f. 7/10/2010 to 31/12/2020. The said letter further directed for corrections of the petitioner's Basic Pay at Rs.43100.00 per month with effect from January, 2021 instead of Rs.44,400.00per month.
(3.)Mr. N. Syngkon, learned counsel for the petitioner has contended that with the issuance of the letter, it is imminent that the respondents will seek recovery of the amount which has been received due to the wrong fixation of pay. The learned counsel has also placed the judgment in the case of State of Punjab and Others v. Rafiq Masih (Whitewasher) and Others reported in (2015) 4 SCC, to buttress his submissions that such recovery on a wrong fixation of pay is impermissible in law. He therefore, prays that directions be issued to restraint the respondents from recovering the excess amount so paid.