SHRINIVAS VERMA Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition was originally filed as Original Application no. 538/1999 before the Madhya Pradesh Administrative Tribunal, Jabalpur. The tribunal has been abolished by the State Government and as such the petition has reached this court for its adjudication.

(2.) BY this petition, the petitioner has prayed for quashing of order dated 2. 2. 1999, Annexure A4, whereby the recovery of excess payment of salary from him has been directed by the Superintending Engineer (respondent no. 3 ).

(3.) BRIEFLY stated the facts giving rise to this petition are that petitioner's father and brother were serving under the respondents in the Ban Sagar Project, Rewa, and after their death the Chief Engineer (respondent no. 2) by order dated 22. 4. 1995, Annexure A2, approved the appointment of petitioner on compassionate grounds in the Work Charged and Contingent Establishment on the post of conductor in the pay scale of Rs. 750-945. The Executive Engineer (respondent no. 4) thereupon issued the appointment order dated 1. 6. 1995, Annexure A3, of the petitioner in the aforesaid pay scale. On receiving the appointment order, the petitioner immediately joined the services whereupon the respondents paid him the monthly salary mentioned in the appointment order. After having worked for almost four years, the Superintending Engineer (respondent no. 3) issued the impugned order dated 2. 2. 1999, Annexure A4, stating therein that the appointment of petitioner in the Work Charged and Contingent Establishment should have been made on the fixed Collector's rate for three years and only thereafter he became entitled for the salary in the regular pay scale. On this ground the Superintending engineer (respondent no. 3) directed for the recovery of excess amount of salary from the petitioner. The submission of petitioner is that the respondents have paid him the same salary, which was mentioned in the appointment order, and therefore after more than three years the order of recovery on the pretext of excess payment of salary from him is illegal.