- (1.) HEARD Mr.Pawan Kumar, learned counsel for the petitioner as well as learned Standing Counsel.
(2.) THE petitioner has challenged the order of recovery dated 9th of August, 2012 (Annexure No.1), whereby the respondents have proposed the recovery of Rs.16,54,623.00 from him.
(3.) THE learned counsel for the petitioner submits that the petitioner after completion of 24 years service has been given the second promotional pay scale. During the period of training though earlier he had been paid the stipend, but subsequently by means of Government Order dated 13.10.2011 he has been paid salary in place of stipend. The petitioner has also placed reliance upon a decision of this court rendered in the case of Sahab Saran versus State of U.P.and others, 2008 26 LCD 1343, in which this court has held that in case the higher pay scale is paid to the Government employee, the government shall not be entitled to recover the amount paid to the employee. Through the counter affidavit the respondents have submitted that the petitioner has been awarded some punishments like minor penalties on 4.4.1996, 9.11.1998 and 1.8.2009. He has also been sanctioned 759 days leave without pay. It is also stated that the petitioner was not given second promotional pay scale on completion of 24 years of service, but after recommendation of the VI pay commission ACP -III dated 10.8.1992, he has been paid the pay scale of Rs.9,300 -34,200/ -. It is further stated that since due to punishment awarded to the petitioner, the petitioner's period of service has been reduced and accordingly the petitioner's pay scale has also been fixed, on account of which the payment made to him in excess has been proposed to be recovered by means of order impugned.;