Satyendra Singh Chauhan, J. - (1.) HEARD learned counsel for the petitioner and Sri Anurag Sharma, learned counsel appearing for the opposite parties.
(2.) SHORT question involved in this petition is whether recovery of excess amount paid to the petitioner which was wrongly awarded to him by the department can be recovered at subsequent point of time by issuing a notice and thereby ordering for recovery of the amount in respect of wrong fixation. The pay -scale of the petitioner was fixed on 21.02.1991 giving thereby pay -scale to the petitioner w.e.f. 01.01.1986. The petitioner received the said amount in pursuance to the fixation made by the department along with other 48 persons. The department at a later point of time amended the fixation of pay of the petitioner, and therefore, a show cause notice was issued to the petitioner on 13.07.20 06. The petitioner submitted the reply to the aforesaid notice and in the meantime the petitioner retired on 31.05.2007. As and when petitioner retired from service the excess amount determined by the opposite parties was deducted from the outstanding dues of the petitioner by means of the order dated 13.07.2006, hence this petition.
(3.) SUBMISSION of learned counsel for the petitioner is that the petitioner was neither instrumental nor played any role in the fixation of the pay -scale and in fact the fixation of pay of the petitioner along with other 48 persons was made by the department. His further submission is that once the petitioner is not instrumental in the fixation of pay, the aforesaid recovery is bad in law in view of the law settled by the Apex Court. It is also submitted that it is not made clear as to whether recovery has been made from all the 48 persons or only from the petitioner.;