High Court Patna High Court - Orders

Shambhu Nath Pandey vs The State Of Bihar & Ors on 8 November, 2011

Patna High Court – Orders
Shambhu Nath Pandey vs The State Of Bihar & Ors on 8 November, 2011
             IN THE HIGH COURT OF JUDICATURE AT PATNA
             Civil Writ Jurisdiction Case No.13471 of 2008
             Shambhu Nath Pandey, aged about 51 years, son of
             Late Rajendra Pandey, resident of village Belwa,
             P.O. Adapur, Police Station Harpur, District East
             Champaran..............................................................................Petitioner
                                   Versus
             1. The State Of Bihar, through the Commissioner,
             Human Resources Development Department, Govt. of
             Bihar, New Secretariate, Patna.
             2. The Commissioner, Finance Department, Govt.
             of Bihar, Old Secretariate, Patna.
             3. The Director, Primary Education, Govt. of
             Bihar, Patna.
             4. The District Superintendent of Education,
             Motihari, East Champaran.
             5. The Head Master, Govt. Middle School, Adapur
             (boys), Adapur, East Champaran..................Respondents
                                       --------

4 08.11.2011 Heard learned counsel for the

petitioner as well as learned counsel for

the State.

Learned counsel for the petitioner

confines the prayer of the petitioner in

this writ application to a challenge to the

order of the District Superintendent of

Education, East Champaran contained in

Letter no.1059 dated 14.05.2008, vide

Annexure-3, by which he has been directed

to deposit an amount of Rs.1,48,774/- in

one instalment in the treasury, allegedly

paid to him in excess of his entitlement.

Learned counsel for the petitioner

submits that petitioner was paid Matric

Trained scale under the orders of the
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District Superintendent of Education dated

22.12.1993 in the light of some judgment of

this Court, vide Annexure-1. He admits that

subsequently in view of the judgment of the

larger Bench of this Court, physical

Trained Teachers have been held not

entitled for Matric Trained scale. Hence he

does not press this application for any

direction to the respondents to pay the

petitioner Matric Trained scale. But he

submits that since scale was paid to him,

may be wrongly, on the orders of the

competent authority, in the light of the

some judgment of this Court, excess amount

paid to him should not be recovered.

A counter affidavit has been filed.

Learned counsel for the respondents submits

that since petitioner was not entitled for

Matric Trained scale, the order of recovery

has been issued directing him to deposit

the excess amount paid to him in the

treasury.

Annexure-1 shows that the order for

grant of Matric Trained scale to the

petitioner was issued by the District

Superintendent of Education on the basis of
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some orders of this Court. As such,

apparently there was no fraud or

misrepresentation on the part of the

petitioner in the matter.

As such, on equitable

considerations, this Court finds that the

respondents should not be allowed to

recover the amount paid to petitioner in

excess of his entitlement on the basis of

said Annexure-1. The impugned order

(Annexure-3) is, therefore, quashed and

respondents are restrained from recovering

the alleged amount paid to him pursuant to

the said order of District Superintendent

of Education as contained in Annexure-1.

The writ application is allowed with

the aforesaid observations and directions.

(J. N. Singh, J.)
BT