GOPALJI MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 11.12.2003 by which recovery of Rs. 46,870 is being made from the petitioner as he has been paid the excess amount as selection grade for which he was not entitled as well as the order dated 23rd September, 2003 by which his claim for selection grade on completion of eight years service including the period which he had served on ad hoc basis, has been rejected.

(2.) Facts and circumstances giving rise to this case are that the petitioner had been appointed with respondent on ad hoc basis. After continuous service, his case for regularisation was considered and he was regularised with effect from 15.5.1998. He claimed the benefit of selection grade on completing eight years under the Government Order dated 13th May, 1993 (Annexure-9) and as it was not paid to him, he approached this Court by filing a Writ Petition No. 18251 of 2003. As it involved disputed questions of fact, the Court disposed of the said writ petition vide order dated 28.4.2003 directing the respondents to decide the claim of the petitioner by speaking and reasoned order. In pursuance of the same, the orders impugned has been passed. Hence this petition.

(3.) Shri Raj Kumar Pandey, learned counsel appearing for the petitioner has submitted that petitioner has illegally been deprived of the selection grade not taking into account the period of service rendered by him on ad hoc basis ; two similarly situated persons, namely Dr. Prem Nath Singh and Dr. Raj Kumar Mishra have been given the selection grade taking into account the services rendered on ad hoc basis by them. Thus, petitioner cannot be given a hostile discrimination and he is entitled for selection grade. More so, if the petitioner had been paid certain extra amount as of selection grade without being any misrepresentation or fraud on his part, it cannot be recovered from him. Thus, both the orders impugned are liable to be quashed.