- (1.) AGGRIEVED by order dated 11.09.2007, the petitioner who retired on 31.12.2006, has approached this Court seeking quashing of the said order dated 11.09.2007. During the pendency of the writ petition another order dated 04.02.2008 was passed whereby excess amount allegedly paid to the petitioner has been recovered from his gratuity.
(2.) THE brief facts of the case are that the petitioner was appointed as Meter Reader on 01.04.1971. He was given increment and selection grade also. The petitioner retired from service on 31.12.2006. After his retirement, the respondents by order dated 11.09.2007 refixed the pay scale of the petitioner, whereby it was indicated that the petitioner has been paid excess amount due to wrong calculation. A counter affidavit has been filed justifying the impugned order dated 11.09.2007 on the ground that any excess amount paid due to wrong fixation of pay scale can always be recovered by the respondents.
(3.) HEARD the learned counsel appearing for the parties and perused the documents on record.;