KALPANA SINHA Vs. THE UNION OF INDIA

JUDGEMENT

(1.) The petitioner prays for quashing of office order contained in Memo No. NITP/1431-37, dated 17.06.2014 (Annexure-1), by which a sum of Rs.10,64,469/- has been directed to be recovered from the salary on the premises that on account of wrong fixation of pay, excess amount than what was due, was paid to the petitioner w.e.f. 01.01.2006.

(2.) The impugned order, dated 17.06.2014 is a sequel to the resolution of Board of Governors of N.I.T., Patna, dated 18.2.2013 (Annexure-13) adopted vide Agenda No.VIII of BOG/20.23, whereby approval was accorded for recovery of amount paid to Assistant Professors, given AGP of Rs.9000 and designated as Associate Professors, on their joining at the Institute, after 1.1.2006, and before August, 2009 without putting in three years of service in the old scale of appointment as Assistant Professor at the Institute, in view of clause 4(k) of letter, dated 14.3.2012 (Annexure-14) read with Clause 2(b)(iii) of letter, dated 18.8.2009 (Annexure-11) both of Ministry of Human Resources Department (hereinafter referred to as "the MHRD"). The resolution dated 18.2.2013 (Annexure-13) is quoted herein below for easy reference:

(3.) Clause 4(k) of letter, dated 14.3.2012 of MHRD, New Delhi and clause 2(b)(iii) of letter, dated 18.8.2009 again of MHRD (at Page 76 and Page 60 respectively) which are referred to and relied upon in resolution of Board of Governors of NIT, Patna are quoted herein below: