HRIDESH KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr.Pawan Kumar, learned counsel for the petitioner as well as learned Standing Counsel.

(2.) THE petitioner has challenged the order of recovery dated 9th of August, 2012 (Annexure No.1), whereby the respondents have proposed the recovery of Rs.16,54,623.00 from him.

(3.) THE learned counsel for the petitioner submits that the petitioner after completion of 24 years service has been given the second promotional pay scale. During the period of training though earlier he had been paid the stipend, but subsequently by means of Government Order dated 13.10.2011 he has been paid salary in place of stipend. The petitioner has also placed reliance upon a decision of this court rendered in the case of Sahab Saran versus State of U.P.and others, 2008 26 LCD 1343, in which this court has held that in case the higher pay scale is paid to the Government employee, the government shall not be entitled to recover the amount paid to the employee.