Person Officiated To Higher Post On Orders Is Entitled To Pay In That Cadre Even If Later Found To Be Ineligible: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that an employee who was officiated to a higher post on official orders is entitled to the salary of that post, regardless of subsequent findings of ineligibility. A division bench of Justice Ravi Nath Tilhari and Justice Nyapathy Vijay passed the order in a writ petition challenging decision of the Central Administrative Tribunal, which had directed that the respondent be given the pay of the cadre he was officiated to, for his period of officiation, irrespective of having the requisite qualifications. So far as the payment of the pay for the officiating post is concerned, the Tribunal has rightly taken the view that the respondent officiated in the post on the orders of the authorities and for the period of officiation, he was entitled for pay in the cadre of HSG-I from the date of his officiating as HSG-I. ” Background: The controversy arose when the postal department attempted to recover amounts, they claimed were erroneously paid to K. Murthy due to incorrect pay fixation when he was promoted to Assistant Post Master ; and during his officiating period as HSG-I Postmaster.