Comptroller & Auditor General Of India & ... vs Falid Saltar

The Supreme Court held that the fixation of pay for a transferred employee must adhere to the terms of the transfer and the applicable Fundamental Rules, specifically F.R. 22(1)(a)(3). The Court found that the Central Administrative Tribunal correctly quashed the order for recovery of excess payment made to the respondent, as the unilateral transfer did not negate the protection of pay previously drawn. The appeal by the appellants was dismissed, affirming the Tribunal's decision in favor of the respondent.