DEVI PRASAD SINGH, J. - (1.) HEARD learned Counsel for the parties.
(2.) INSTANT writ petition under Article 226 of the Constitution of India has been filed against the decision taken to recover the amount paid to the petitioner in higher grade. It has been submitted that revised pay scale was given to the petitioner from 1.1.1996. In the meantime, adverse entry was awarded to the petitioner in the year 1994 -95. On account of adverse entry granted to the petitioner, he was not entitled for higher pay scale from 1.1.1996. According to the impugned order, higher pay scale should be given to the petitioner after five years of continuous service i.e. from 1997.
(3.) WHILE assailing the impugned order, learned Counsel for the petitioner raised two fold arguments. Firstly, in case revised higher pay scale was paid to the petitioner, he cannot be held responsible for it. Accordingly, the respondents have got no right to recover the amount paid to him. The other submission is that the adverse entry awarded to him in the year 1994 -95 has been expunged.;