PYARE MOHAN SINHA Vs. DIRECTOR OF EDUCATION MADHYAMIK

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 29.4.2000 passed by respondent No. 2, Annexure-8 to the writ petition and the order dated 26.2.1997, Annexure-5 to the writ petition and further prayer is in the nature of the mandamus directing the respondents to refund the amount of Rs. 58543/- along with 18% interest.

(2.) The case of the petitioner is that the petitioner was appointed on 1.7.1965 as JTC teacher in Ishwar Sharan Inter College, Allahabad. After one year the petitoner was transferred to the post of Science Demonstrator in the same college. Government has issued an order dated 19.3.1964 for giving advance increment to the Science teachers and since the petitioner who was haying the same qualification and was working on the post of Demonstrator was also entitled to get the advance increment as the same was being given to other science teachers, the matter was represented by the Demonstrators and on 21.12.1965 the Government has made applicable the Government Order dated 19.3.1964 and the Demonstrators were also made entitled for the advance increment. By a notification dated 10.3.1971 the State Government made it clear that the Government order dated 19.3.1964 by which the advance increment was accorded to the science teachers was not made applicable to those science teachers who were appointed after 10.3.1971. From the perusal of the aforesaid Government Order it is clear that the teachers who were given appointment after 10.3.71 will not be entitled for the advance increment. But as the petitioner was appointed prior to the cut of date as such the petitioner was entitled and the same was being paid to the petitioner. The petitioner was promoted to the post of Lecturer (Biology in the year 1984 and retired from service on 30.6.1996. After retirement in the year 1997 i.e. 26.2.1997 the respondents have raised an objection that the petitioner has received excess amount to the tune of Rs. 58543/- as advance increment and he was not entitled, therefore, the said amount be recovered from the pensionary benefit of the petitioner. The petitioner made representations to the competent authority that the contention of the respondents is not correct but the amount was being deducted from the pension of the petitioner and no orders were passed by the respondents regarding the representation of the petitioner. Then the petitioner has approached this Court by means of Writ Petition No. 21464 of 1997 and this Court vide its order dated 17.2.2000 was pleased to dispose of the writ petition finally to decide the representation of the petitoner dated 10.3.97 within two months from the date of production of certified copy of the order.

(3.) On the basis of the order passed in the writ petition, the respondents vide its order dated 29.4.2000 has passed an order holding therein that the petition of was not entitled for six advance increments and the same have been given wrongly and as such from 1.7.1967 to 30.6.1990, the amount to the tune of Rs. 58543/-has been received in excess by the petitioner and the recovery of the said amount was justified. Aggrieved by the aforesaid order the petitioner has filed the present writ petition.