BISWAJIT SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BY way of filing this writ petition, the petitioner has challenged the communication dated 2.9.2005 (Annexure -5 to the writ petition) of the Director of Higher Education, the respondent No. 2 herein, and the letter dated 19.12.2006 (Annexure -4 to the writ petition) of the Principal, Polytechnic Institute, Narsingarh, the respondent No. 3 herein, whereby a decision for recovery of the excess payment of salary amounting to Rs.5,35,177/ - paid to the petitioner because of granting of the higher pay scale has been ordered.

(2.) HEARD Mr. D. Bhattacharji, learned counsel for the petitioner as well as Mr. D.C. Nath, learned counsel appearing for the State respondents.

(3.) THE petitioner was appointed as Foreman, Electronics & Telecommunication Engineering in the scale of pay of Rs.2200 -4000/ -, AICTE scale (unrevised), on ad -hoc basis in the Polytechnic Institute, Narsingarh on 31.03.2000. Subsequently, the said scale was revised to the corresponding scale of Rs.8000 -13500/ - and accordingly his pay was fixed and he was drawing his pay and allowances in the said revised scale. On 19.12.2006 vide Annexure -4 to the writ petition, recovery for an amount of Rs.5,35,177/ - has been sought for from the salary of the petitioner commencing from the salary of January, 2007 by 288 monthly installments, 287 installments at the equal monthly rate of Rs.1860/ - and one installment at the rate of Rs.1357/ - of having been overdrawn by the petitioner for the period from 31.03.2000 to 31.08.2005 due to payment of salary in the higher scale of pay of Rs. 8000 -13500/ - in place of eligible scale of pay of Rs.2200 -4000/ -.