PUNAM K BHOAJWANI Vs. ADMINISTRATIVE OFFICER

JUDGEMENT

(1.) THIS petition, under Article 226 of the Constitution of India, has been filed with the following prayers:-

(2.) THE brief facts of the case, relevant to the decision of the petition are that the petitioner was serving as Assistant Teacher in the Primary School run by respondent No.3. She was permitted to retire voluntarily, with effect from 31.07.2004, by order dated 27.07.2004, passed by respondent No.1. THE petitioner was an Untrained Teacher from 01.12.1969 to 16.06.1987, on which date she acquired the necessary qualifications as a Trained Teacher. On becoming a Trained Teacher, the petitioner was placed in the pay-scale of Rs.1,200-2040. At the time of preparing the pension papers pursuant to the voluntary retirement of the petitioner, respondent No.2 passed impugned order dated 14.07.2004, whereby the petitioner was informed that the first higher grade given to her from 16.06.1987, in the pay-scale of Rs.1,400-2,600, was irregular and the same was required to be cancelled and recovery be made from her. Pursuant thereto, a consequential order dated 21.07.2004 was passed by respondent No.1, whereby the pay-scale of the petitioner was re-fixed and recovery to the tune of Rs.2,21,598/-(Rupees Two Lacs Twenty One Thousand Five Hundred Ninety Eight) was directed to be made from the gratuity amount of the petitioner. Aggrieved thereby, the petitioner has approached this Court by filing the present petition.

(3.) AT this stage, Mr. Maulik G. Nanavati, learned Assistant Government Pleader for respondent No.2 and Mr. R.A. Mishra, learned advocate for respondent No.1 have jointly submitted that in view of the peculiar facts and circumstances of the case, the respondents are willing to grant an opportunity of hearing to the petitioner. The hearing shall be given by respondent No.1 and during the course of hearing, the officer of respondent No.2 shall also be present. After the hearing, a fresh order shall be passed by respondent No.1.