KANNABIRAN Vs. ACCOUNTANT GENERAL OFFICE

JUDGEMENT

(1.) I have hoard the arguments of Mr. A.R. Nixon learned counsel appearing for the petitioner and Ms. T.S. Selvarani, learned counsel representing the respondents and have perused the records.

(2.) THE petitioner is a pensioner. He was working as Middle School Headmaster and retired from service on 31.5.1988. He is now 76 years old.

(3.) THE Supreme Court in the case of Sahib Ram vs. State of Haryana & and others [1995 Supp. (1) SCC 18] has held in paragraph 5, which reads as follows:Para 5: "Admittedly the appellant does not possess the required educational qualifications. Under the circumstances the appellant would not be entitled to the relaxation. THE Principal erred in granting him the relaxation. Since the date of relaxation the appellant had been paid his salary on the revised scale. However, it is not on account of any misrepresentation made by the appellant that the benefit of the higher pay scale was given to him but by wrong construction made by the Principal for which the appellant cannot be held to be at fault. Under the circumstances the amount paid till date may not be recovered from the appellant.