- (1.) In this Rule the petitioner has challenged the validity of an order in Annexure B, which is dated 22nd August, 1973 and issued by the Divisional Personnel Officer, Kharagpur, and whereby he has been directed that certain excess payment involved in his case, should be recovered.
(2.) This is really an offshoot of an earlier Civil Rule, being No. 4668 (W) of 1969 wherein an order of injunction was issued restraining the Respondents and their agents, servants, successors or representatives from giving effect to an order dated 21st June, 1969, issued by the Respondent No. 3 therein, purporting to revert the petitioner and/or acting from in any manner in pursuance of the said Order and/or from interfering with the right of the petitioner to work in the capacity of T.X.R.. Grade D, in the scale of pay of Rs. 180-240/- (AS). The Rule, in which the above interim order was made, was ultimately discharged, but because of the ad interim order, as quoted hereinbefore, the Respondent was required to allow the petitioner to discharge his duties and after such discharge of the Rule, the present order in Annexure B, particulars whereof have been quoted hereinbefore, was issued, and in this proceedings, the petitioner has contended that since by virtue of the ad interim order as made by this Court, he was allowed to function or discharge his duties as Train Examiner, Grade D in the scale of pay as mentioned above, even in spite of the subsequent discharge of the Rule, he cannot be required to repay the amount, which he has received by discharging his duties as such Train Examiner, in view of the order of this Court and as such, the impugned order in Annexure B, was irregular and a nullity.
(3.) It is no doubt that on or about 15th June, 1938, the petitioner was initially appointed as Shed Khalasi and in or about 1948, he was found suitable in the post of Fitter on promotion and as a result thereof, he was promoted in the said post in the Grade of Rs. 110-180/- (AS). The petitioner has stated that on or about 22nd May, 1959, he was sent for training as Train Examiner in a recognised School of the Railway Administration and he underwent the necessary training for 9 months. He has alleged that after successful completion of such training, he was to appear in a suitability test for absorption in the post of Train Examiner and in fact after being iound suitable for such post, he was promoted to the post in the Grade D and scale as mentioned hereinbefore, by Office Order dated 18th May, 1963. It has also been contended by him that after such absorption, he has duly discharged his functions in the said capacity and his services were duly appreciated.;