C N THAPLIYAL Vs. DIRECTOR OF HIGHER EDUCATION

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Standing Counsel.

(2.) In this writ petition, learned Standing Counsel was granted time to file counter affidavit on 9.5.97. By order dated 26th March, 1998, further time was granted to file counter affidavit by stop order but no counter affidavit has been filed. Petitioner has filed an affidavit of service showing, service of notice on respondent No. 4. No body has put in appearance on behalf of respondent No. 4. In the circumstances narrated above, learned Counsel for the parties have agreed that this writ petition may be decided finally at this stage.

(3.) The facts giving rise to this writ petition are that the petitioner C.N. Thapliyal was serving as lecturer in D.A.V. (PG) College, Dehradun. His date of birth mentioned in the service record was 1st July, 1933, according to which petitioner was to attain the age of superannuation on 30th June, 1993. However, petitioner continued to serve the institution upto 30th June, 1994 and thus received the salary for the extra period to the extent of Rs. 1,01,196/- which has been directed to be recovered from the petitioner pension by the impugned order dated 19th February, 1997, Annexure-e to the writ petition. As the dispute about this amount was pending, pension was not paid to the petitioner, hence he filed Civil Misc. Writ Petition No. 6924 of 1997 which was decided finally on 25th February, 1997 by a Bench of this Court and the petitioner was given liberty to make a representation before the authority concerned and authority concerned was directed to decide the representation within two months from the date of production of a certified copy of that order, by a speaking order. It appears that the impugned order has been passed in pursuance of the aforesaid order of the Bench.