KRISHNA KUMARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge by the petitioners who are JBT Teachers is to order, Annexure P-2 dated 22.08.2003 passed by respondent No.2 directing refixation of pay of employees after recovering the benefit erroneously granted and over payment recovered on revision of pay-scales w.e.f. 01.01.1996 in terms of the Revised Pay Rules, 1998 as also to notice, Annexure P-3 dated 03.02.2004 issued by respondent No.6 i.e. a show cause notice regarding refixation of pay scale and for recovery of the excess payment on the ground that pay of petitioner No.1 was fixed @ Rs. 5750/- in the revised pay scale of Rs. 5450-8000 w.e.f. 01.01.1996, but as per letter No.6/ 149/ 2002-4PR (FD) dated 22.08.2003, her pay worked out to Rs. 5450 in the pay scale of Rs. 5450-8000 w.e.f. 01.01.1996. Petitioner No.1 was informed that as per Government instructions, her pay was to be refixed again and it was proposed to recover the excess amount given to her.

(2.) Notices similar to Annexure P-3 are claimed to have been issued to the other petitioners. A copy of reply Annexure P-4 dated 17.02.2004 filed by one of the petitioners (i.e. Smt. Manohar Devi - petitioner No.3) to the show cause notice has been attached with a prayer for supplying of copy of order Annexure P-2, dated 22.08.2003 in order to enable her to file an effective reply. No reply was filed thereafter, instead the writ petition was filed on the ground that copy of order Annexure P-2 dated 22.08.2003 had not been supplied to the petitioners and there was every apprehension that recovery would be effected from the salary of the petitioners.

(3.) Stand in the writ petition is that the petitioners had never represented or demanded the scale/grade/service benefit and the same was granted/released by the respondents on their own and further that there was no allegation against any of the petitioners that they had ever misrepresented or claimed the said benefit.