HARISH CHANDER Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) Learned counsel for the petitioner at the very outset would make a statement that he is confining the scope of the instant writ petition only as regards the prayer raised for directions to be issued to the respondent-department to refund an amount of Rs. 37,298/- that stands recovered from the petitioner in the light of impugned order dated 05.12.2008 at Annexure P-7.

(2.) Brief facts that would require notice are that the petitioner was initially recruited as JBT Teacher on regular basis in the year 1983. On 04.02.1994, the petitioner was selected and appointed as a Hindi Master. It so transpires that such selection of the petitioner as a Hindi Master was in excess of the number of posts advertised. Consequently, he was immediately placed and engaged on the post in question on 89 days basis. Thereafter in the year 1996, the petitioner was again selected on permanent basis as a Hindi Master. Such selection was in pursuance to a subsequent recruitment process having been initiated by the State Government. On account of a mistake, the petitioner was granted the financial benefits towards increment by taking into account his service rendered on the post of Hindi Master on 89 days basis.

(3.) It is such amount paid in excess and erroneously that was recovered from the petitioner vide order dated 05.12.2008 at Annexure P-7.