S PUSHPARAJ Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER CUDDALORE

JUDGEMENT

(1.) THE writ petition is filed to direct the respondents to call for the entire records pertaining to the impugned order of recovery passed by the second respondent in his proceeding Na.Ka.No.231/A1/2000 dated 11.7.2001 and quash the same.

(2.) IT is the case of the petitioner that the petitioner was working as Secondary Grade Assistant in Panchayat Union School from 18.08.1986 to 01.07.1997. He was promoted as B.T.Grade Headmaster in Middle School by the first respondent in his proceedings Na.Ka.No.3944/A6/97 dated 2.7.1997. The Time Scale of Pay of the of B.T. Grade Headmaster was granted to the petitioner from 2.7.1997 by the proceedings Na.Ka.No.227/A1/97 dated 15.7.1997 of the second respondent. While so, without any notice, the second respondent passed the impugned order in his proceedings Na.Ka.No.231/A1/2000 dated 11.7.2001 stating that the petitioner was erroneously promoted as B.T.Grade Headmaster in Middle School on 2.7.1997 overlooking one D.Venkatesan, who is the senior of the petitioner and therefore, he should be treated as B.T. Grade Middle School Headmaster only with effect from 22.12.2000 and not from 2.7.1997 and sought to recover the excess pay that was given to the petitioner as B.T.Grade Headmaster of Middle School from 2.7.1997 to 21.12.2000. Hence, the petitioner filed O.A.No.4597 of 2001 (W.P.No.5139 of 2007) to quash the impugned order of recovery passed by the second respondent in his proceeding Na.Ka.No.231/A1/2000 dated 11.7.2001.

(3.) THE learned counsel for the petitioner submits that the impugned order passed by the second respondent is in blatant violation of the principles of natural justice as the petitioner was not heard before passing the same. It is also submitted that the petitioner was promoted as B.T.Grade Middle School Headmaster from 2.7.1997 based on his seniority only and not on the representation or mis-representation of the petitioner concerned. Hence, the respondents could not effect any recovery from the salary of the petitioner paid for the post of B.T Grade Middle School Headmaster. It is further submitted that since the petitioner is working as B.T.Grade Middle School Headmaster from 2.7.1997, the respondents could not recover from the salary on the principle of quantum meruit and the respondents should have paid to the petitioner as per the emoluments available in the aforesaid higher pay scale during the time he actually worked in the said post of B.T.Grade Middle School Headmaster.