- (1.) Heard learned Counsel for the petitioners and the learned standing Counsel for the respondents. The petitioners are Amins in the Public Works Department posted at Varanasi. They have prayed for quashing of the orders dated 15.1.2002 and 22.1.2002 whereby they have been called upon to deposit the amount of excess payment made to them due to an incorrect application of the pay scale under the circular dated 8.11.1993 of the Chief Engineer, Public Works Department, Uttar Pradesh.
(2.) The petitioners contend that the recovery and the impugned orders both are erroneous, inasmuch as, there was no fault on the part of the petitioners and even otherwise the fixation which was made under the circular dated 8.11.1993 was based upon the Government Order dated 30.12.1989 which in turn was founded on the report of the Equivalence Committee dated 8.12.1989. The petitioners allege that the impugned orders were passed without any notice or opportunity and, therefore, it was in violation of principles of natural justice.
(3.) A counter-affidavit has been filed on behalf of the respondent-State and it has been submitted that the circular issued by the Chief Engineer dated 8th November, 1993 was founded on a misinterpretation and misconstruction of the Government Order referred to therein and further the said circular has been cancelled subsequently. The submission of the learned standing Counsel is that an erroneous fixation of pay can always be corrected and the recovery on the strength thereof cannot be said to be against law.;