VIDYA SHANKAR TIWARI Vs. STATE OF M.P

JUDGEMENT

(1.) Heard.

(2.) The petitioner was appointed as Peon on the pay scale of Rs. 125-150 vide order dated 25-8-1980 (Annexure P-3) on probation for a period of two years. Vide order dated 19-2-1983 (Annexure P-4) the petitioner was confirmed on the post of Peon after completion of successful probation period. Vide order dated 15-1-1990 (Annexure P-5) the respondent No. 3 appointed the petitioner pursuant to the recommendation dated 29- 12-1989 of the District Selection Committee on the post of Assistant Teacher (Lab Assistant) at the pay scale of Rs. 975-1650 (975-25-1000-30-1210-40-1450-50-1650). There after the services of the petitioner was confirmed on the post of Assistant Teacher vide order dated 16-9-1992 (Annexure P-6) passed by the respondent No. 3. Accordingly, the petitioner started getting salary of the Assistant Teacher in the pay scale of Rs. 1200-2040.

(3.) After a period of about four years the petitioner received the impugned notice dated 17-5-1996 (Annexure P-l) from respondent No. 4 calling upon the petitioner to deposit the excess amount paid to him on the basis of pay scale of Assistant Teacher, i.e., Rs. 1200-2040 because he was entitled to the pay scale of Lab Assistant of Rs. 950-1530.