Ashok Bhushan, J. - (1.) Heard counsel for the petitioner, and learned standing counsel. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of the parties the writ petition is being finally decided.
(2.) By this writ petition, the petitioner has prayed for quashing the orders dated 1st November, 1997 and 18th January, 1999 (Annexure-1 and 6 respectively to the writ petition). A writ of mandamus has also been sought directing the respondents to pay Rs. 52,393/- to the petitioner along with interest.
(3.) Brief facts necessary for deciding the writ petition are; the petitioner was appointed as Teacher in J.T.C. grade on 8th July, 1961. The petitioner was thereafter promoted in C.T. Grade from 1st July, 1971. The petitioner thereafter has been given L.T. grade with effect from 13th February, 1980. The petitioner retired on 30th June, 1997, After the retirement an order has been passed on 1st November, 1997 for deduction of an amount of Rs. 52,393/- from the pension of the petitioner which was allegedly paid to the petitioner on account of incorrect fixation of salary. The Joint Director of Education decided the representation of the petitioner vide order dated 18th January, 1999 rejecting the same. The Joint Director of Education in his order dated 18th January, 1999 has stated that petitioner has given his option for C.T. grade as 1.11.1979 and according to that option he was entitled for giving C.T. selection grade with effect from 1st July, 1980 but he having been promoted in L.T. Grade prior to 1st July, 1980 his fixation in C.T. selection grade from 1st July, 1979 was incorrect.;