JYOTIRMAY BHATTACHARYA,J. - (1.) While the petitioner was in service as Senior Scientist at Central Agricultural Research Institute at Port Blair, Island Special Duty Allowance was paid to him by his employer during the period from 6.10.2001 to 31.8.2008. Subsequently, the Ministry of Finance Department of Expenditure, New Delhi was of the view that such allowance was not admissible to the petitioner. As such, the Ministry of Finance directed the Indian Council of Agricultural Research to recover the payment which was made to the petitioner on account of such allowance.
(2.) On the basis of said decision taken by the Ministry of Finance, Deputy Secretary(Horticulture) vide his letter dated 25.7.2011 directed the Director, Central Agricultural Research Institute, Port Blair to initiate the process of recovery of overpayment under intimation to the Council.
(3.) The legality of such recovery proceeding is under challenge in this writ petition at the instance of the writ petitioner.;