- (1.) Heard learned Counsel for the petitioner.
(2.) The petitioner retired as a class-IV employee from a Junior High School established and run under the provisions of the U.P. Basic Education Act. The institution is run by the Basic Education Board. The petitioner does not dispute his date of birth which is 5.8.1944. Accordingly, the petitioner attained the age of superannuation on 31.8.2004 yet on account of the fault attributed to the authorities, the petitioner claimed that he was permitted to discharge his duties till the month of May 2005. The petitioner, accordingly, received salary for this extended period of performance of his duty as a class-IV employee till May 2005. The salary paid for the said period was sought to be recovered, therefore, a notice dated 16.5.2005 was issued and an order was passed to that effect on 31.5.2006. The said order was challenged by the petitioner before this Hon'ble Court in Writ Petition No. 57798 of 2006. The writ petition was entertained and it was found that there was no misrepresentation or fraud on the part of the petitioner and, therefore, the Basic Education Officer was directed to get an inquiry held to fix the responsibility on such employees, who had allowed such excess payment to the petitioner. A copy of the judgment dated 18.10.2006 has been brought on record.
(3.) Consequently, the Basic Education Officer has proceeded to pass the impugned order on 30.12.2007 whereby the responsibility has been fixed on the then Assistant Basic Education Officer as being negligent in his duties and further on the petitioner that in spite of having knowledge of his date of birth, the petitioner has received the salary in excess of the period to which he was entitled upon having attained his age of superannuation on 31.8.2004.;