MAHANANDA DEB BARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE petitioner, who was promoted to the post of Assistant Engineer (electrical), has challenged the order of the Chief Engineer (electrical) dated 14. 5. 1998 (Annexure-E) and the Office Order No. 61 dated 12. 8. 1998 (Annexure-I to the writ petition) of the executive Engineer, Transmission Division, whereby and whereunder, the pay fixed earlier was reduced to Rs. 2330/- from 3000/- and the excess payment amounting to Rs. 40,348/- paid to the petitioner due to wrong fixation of pay in the scale of Rs. 3000-5000/- was asked to be recovered in forty installments i. e. 39 installments @ Rs. 1000/- and the last installment @ Rs. 1348/- from the salary bill of the petitioner with effect from August, 1998 onwards.

(2.) HEARD Mr. D. K. Biswas, learned Counsel for the petitioner and Mr. T. D. Majumder, learned Additional Govt. Advocate for the State respondents.

(3.) THE impugned order dated 14. 5. 1998 admittedly does not speak for recovery of the excess amount, but only a copy of the said order was communicated to the Executive Engineer with a direction to recover the amount paid in excess and in view of the said order dated 14. 5. 1998 of the Chief Engineer (electrical), the Executive Engineer, Transmission Division, Agartala issued office order No. 61 dated 12. 8. 1998 superceding the earlier office order No. 146 dated 6. 1. 1996. Vide order dated 19. 6. 1998 (Annexure-G to the writ petition), the petitioner was allowed pay scale of Rs. 2100-5000/- and pay has been refixed under F. R. 22 (C) with effect from 27. 11. 1995 at Rs. 2330/ -.