(1.) I . The petitioner is aggrieved by the action of the respondents whereby the respondents have deducted a sum of Rs 43,309/- from the gratuity amount towards excess payment made to the petitioner during the period 01.01.1999 to 31.12.2005 (Annexure P/8 and P/9).
(2.) THE brief facts, in nutshell, are that the petitioner was working on the post of Assistant Teacher. The petitioner was promoted as Physical Training Instructor (for short 'P.T.I.') in the year 1971 and senior P.T.I, vide order dated 30.11.1989 and was placed in the pay scale of Rs. 1290-40-1440-50-2050 and after completion of 12 years of service as P.T.I., he was placed in the pay scale of Rs. 1640-60-2600-75-2900 vide order dated 17.6.1993. The petitioner was again promoted to the post of Lecturer in the pay scale of Rs. 5500-175-9000 vide order dated 14.09.1998. The petitioner retired as Lecturer on attaining the age of superannuation on 31.12.2005. A sum of Rs. 43,309/- has been deducted from the gratuity amount of the petitioner, holding that excess payment has been made to the petitioner during the period 01.01.1999 to 31.12.2005 (Annexure P/8 and P/9).
(3.) LEARNED counsel appearing for the respondents submits that since the pay of the petitioner was fixed contrary to the provisions and on scrutiny it was found that excess amount has been paid, the same can be recovered from the retiral benefits of the petitioner, even on retirement, without affording an opportunity of heuring.