WOBENTHUNG LOTHA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) All these writ petitions dwell on common facts and the relief sought for being similar, the same are being disposed of by this common judgment.

(2.) The petitioners were all appointed as Graduate Teachers under the directorate of School Education and some of them are redeployed as Deputy Mission Director. Rashtriya Madyamik Siksha Abhiyan (RMSA) and Asstt. Project Director, RMSA, Nagaland. Kohima. The petitioners are aggrieved by the circular dated 11.3.2013 issued by the respondents wherein direction was issued to scrutinise all cases of Modified Assured Career Progression Scheme (MACP in short) 2nd lift granted under the various establishment and to recover the excess pay and allowances drawn by the petitioners who were granted 2nd financial up-gradation under MACPS without completing 10 years of service from the date of granting 1st financial up-gradation under old ACP Scheme. The circular further stipulates that the recovery should be made from the monthly salary of the incumbents in 10 instalments. The petitioners are before this Court challenging the said circular dated 11.3.2013 on the ground that they are not responsible for grant of the 2nd up-gradation as there has been no misrepresentation or fraud on their part and that the circular dated 11.3.2013 was also issued without any show cause notice and without giving an opportunity to the petitioners of being heard.

(3.) Heard Mr. P.B. Paul, learned counsel appearing for the petitioners. Also heard Mr. K. Sema, learned Addl. A.G assisted by Ms. Inaholi. learned Government Advocate for the State respondents and Mr. Yangerwati, learned C.G.C. appearing for the Accountant General, Nagaland.