- (1.) B. M. Lal, J. This petition is directed against an order dated 8-4-1986 passed by the Director of Technical Education, Kanpur, (respondent No. 2) contained in Annexure 13 to this petition, whereby the petitioner is asked to refund the salary paid in excess to him.
(2.) IN short the case of the petitioner is that he was appointed on the post of Demonstrator in Litho Plate making, Stone Making, Chrome Litho (redesignated as Demonstratar in plate making) in the pay-scale of Rs. 120-8-200-EB-10-300 plus usual Dearness Allowance admissible under the U. P. Government at the Northern Regional School of Printing Tech nology, Allahabad in the year 1959. The appointment was thereafter approved by the U. P. Public Service Commission, Allahabad and since his work was found commendable, therefore, the petitioner was subse quently confirmed in the year 1964. The nomenclature of Northern Regional Schools of Printing Technology, Allahabad was later of charged to Northern Regional Institute of Printing Technology, Technical Education, U. P. and eight posts of Junior Instructors were sanctioned in the pay-scale of Rs. 160-320. The qualifications prescribed for the post of Junior Instructors were Diploma in Printing Technology from a recognised institute with two years skilled experience in the concerned trade or High Schools with ability of high standard production work and 12 years skilled experience in operation and maintenance of the machine of concerned trade. On 16-8-1974 the petitioner was promoted to the post of Junior Instructor plate Mounting in the pay- scale of Rs. 160-320 vide order dated 16-8-1974 contained in Annexure 2 to this petition and accordingly he was paid the salary admissible to the Junior Instructor plate Mounting.
(3.) HOWEVER, his appointment/promotion was upto the regular appoint ment/selection by the Director of Technical Education who advertised the posts of Junior Instructors plate Mounting in a daily newspaper 'northern India Patrika' dated 5-11-1974 contained in Annexure 3 to this petition. The petitioner though applied for the post in pursuance of the aforesaid advertisement but could not participate in the interview. According to the petitioner no other candidate was also found suitable and selected and, therefore, the petitioner was allowed to continue on the post of Junior Instructor plate Mounting.;