MANGI LAL Vs. NAGAR PALIKA AND ANR.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE petitioner is aggrieved against the order dated 2.2.2002 (Annex. 5) and because of recovery effected from the petitioner in pursuance to the said order dated 2.2.2002, in support of which the petitioner has placed on record Annex. 6 whereby his salary is refixed.

(3.) LEARNED Counsel for the petitioner vehemently submitted that the petitioner was appointed after due selection and continued in service and he was found suitable for promotion by the Promotion Committee and he was promoted and was given posting of promotional post. The petitioner never was given any notice that he has been wrongly fixed in the pay scale. The petitioner was never served with any order of refixation of him in any particular pay scale and straightaway while issuing the last pay certificate, a note has been appended that Rs. 20,183/ - has been paid in excess to the petitioner than the amount to which he was entitled. In view of the above, the endorsement made in Annex. 5 at No. 4 is absolutely illegal and has been recorded without there being any order of any competent authority. It is also submitted that even till today, the respondents could not show any order by which the petitioner's salary has been refixed.