R PREMAKUMARI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS writ appeal is filed by the appellant against the order of the learned single Judge dated 17.10.2006 made in W.P.No.1260 of 2001 wherein and by which the writ petition filed by the appellant was dismissed.

(2.) THE appellant is working as a Post Graduate Assistant in English in the fourth respondent School for the last four years. She had obtained M.A. English in the year 1983 and qualified in B.Ed. in 1997. THEreafter, she got M.Phil degree in the year 1989 and M.Ed. Degree in the year 1991. Further, she also got Post Graduate degree in Sociology in the year 1993. THE appellant was granted incentive increments in terms of the qualification provided. However, the second respondent had issued a circular stating that the teachers, who were appointed from the period 01.01.1996 till 13.4.1998 should not be fixed in the revised pay scale by giving credit to the incentive increments as at the time of pay revision, this incentive increments have been absorbed in the scale. Pursuant to the circular dated 18.10.2000, recovery was sought to be made.

(3.) THE learned Judge, accepting the stand of the Department, held that the appellant had not made out any case and that any amount paid on erroneous understanding of the Government orders can always be recovered. On the question of prior notice for recovery, the learned Judge recorded a finding in paragraph 9 of the order under appeal, which reads as follows: