TARA CHAND SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER was appointed as Para -Teacher T.G.T. (Arts) in the year 2004. Petitioner was allowed revised pay scale with effect from 1.12.2009 and 3% annual increase with effect from October, 2013 and the vacation salary for the period December, 2003 to 31.3.2007.

(2.) PETITIONER is aggrieved by the issuance of Annexure P -1 whereby a notice has been issued to the petitioner for recovery of emoluments paid to him inadvertently. Petitioner has been granted pay scale with effect from 1.12.2009 and other monetary benefits by the Drawing and Disbursing Officer. Petitioner has neither misled nor misrepresented the authorities at the time when the monetary benefits were released to him. The relevant period for the recovery of pay scale is 1.12.2009 to 31.3.2010. Petitioner is working as Para Teacher since the year 2004. The recovery ordered to be effected on the basis of Annexure P -1 dated 24.9.2014 would be harsh and oppressive. We have not gone into the question whether the petitioner was entitled to vacation salary with effect from December 2003 to 31.3.2007 or annual increase with effect from 31.3.2013 or not. We have only confined ourselves for the release of revised pay scale with effect from 1.4.2009 to 31.3.2010.

(3.) THEIR Lordships of the Hon'ble Supreme Court in Union of India and others versus Jagdish Pandey and others, : 2010(6) Scale 651 have held that pay scale is a legitimate right of an employee and except for valid and proper reasons it cannot be varied. Their Lordships have held as under: