SUNDER LAL VERMA Vs. STATE OF U P

JUDGEMENT

(1.) THIS Court while considering the present writ petition filed by Shri Sunder Lal Verma noticed that the Additional Director of Education (Madhyamik) U.P., Allahabad on 21.06.2011 forwarded a letter to the Director of Education (Madhyamik) stating therein that the petitioner was appointed as Assistant Teacher (L.T.Grade) on 22.07.1971 at a time when the institution was only High School. The institution was granted recognition for intermediate classes in 1975. In terms of the Government Order dated 22.02.1990, on imparting education in the subject of Sanskrit for 10 years to Intermediate Classes Shri Verma could be granted Lecturer's Grade w.e.f. 01.01.1986 only and that in terms of the Government Order dated 25.10.2000, he could be designated as Lecturer (Sanskrit) with effect from the said date after abolition of the L.T. Grade post. It was, therefore, recorded that grant of designation of Lecturer and salary since 1980 and thereafter grant of Selection Grade and promotional pay scale to Shri Verma was illegal. The excess paid was liable to be recovered.

(2.) THE Court required that an affidavit may be filed disclosing the name of the officers who were responsible for such wrongful fixation.

(3.) TO make the situation worst, the Director with reference to the recommendation made by the five members committee has reported to this Court under paragraph 10 of his affidavit that a sum of Rs.57,365.10 is still to be paid to Shri Verma and no money is liable to be recovered from him. In support of the said statement a chart prepared by five members committee which depicts the salary lawfully payable to Shri Verma since 1980, if he had not been wrongly granted Lecturer's grade and the salary actually paid in Lecturer's grade including the increments which have become payable under the recommendations of the 5th and 6th Pay Commission. From the summary of the chart so enclosed by the Director, it is apparently clear that following amount have been paid in excess to Shri Verma :- Sl. Period Amount (Paid in Excess) No. 1 November, 1980 to December, 1983 Rs. 1,199.90 2 January, 1984 to December, 1987 Rs. 3,910.00 3 January, 1988 to December, 1991 Rs. 7,698.00 4 January, 1992 to December, 1995 Rs.18,294.00 5 January, 2000 to December, 2003 Rs.37,031.00 This amount has admittedly been paid in excess contrary to the Government Orders applicable as admitted by the Director of Education himself. However, it has been stated that for the following period Shri Verma has been short paid the following amount :- Sl. Period Amount (Short Paid) No. 1 January, 1996 to December, 1999 Rs. 13, 217.00 2 January, 2004 to December, 2005 Rs. 4,660.00 3 January, 2006 to June, 2008 Rs.1,07,621.00 According to the Director and the team appointed by his, the total money excess paid to Shri Verma which works out to Rs.68,102.00 if deducted from the money which has been short paid and is still payable would works out to Rs.1,25,498.00 and thereafter Shri Verma is still entitled to Rs.57,396.10. This Court may record that such an stand taken by the Director virtually amounts to misleading the Court and a desperate attempt to justify the deliberate loss caused to the State exchequer. This Court will not mince words while recording that considerations other than the interest of State revenue have prevailed with the Director when he had made such an attempt before this Court. For the aforesaid finding, the reasons are as follows :