M.R.SHAH, J. - (1.)By way of this petition under Article 226 of the Constitution of India, the petitioner, ex-Agricultural Assistant, has prayed for an appropriate writ, direction or order quashing and setting aside the order dated 30th May 1997 and the letter dated 25/26.6.1997 pertaining to recovery of an amount of Rs. 35,712. with a further prayer for an appropriate order directing the respondents to return the aforesaid amount of Rs. 35,712 to the petitioner.
(2.)It is the case on behalf of the petitioner that the petitioner was appointed on 1.11.60 as Agricultural Assistant under the Agricultural Department of the State of Gujarat; he came to be retired from Government service from 21.10.1991 without earning any promotion; and he came to be absorbed in Gujarat State Land Development Corporation, Gandhinagar on permanent basis where he continued upto 30th June 1996 till he reached the age of 58 years. It is the case on behalf of the petitioner that the Government of Gujarat issued Resolution dated 5.7.91 laying down the scheme of higher grade scale and as per the said scheme an employee who did not earn any promotion during his 9, 18 and 27 years of service was to be given the benefit of three higher grade scales counting from the date of appointment and accordingly the petitioner was given 3 higher grade scales. It is the case on behalf of the petitioner that the petitioner could get first higher grade scale on 28.4.92 and 2nd and 3rd grade scales were given on 23rd September 1993 as per Resolution dated 5.7.1991. The Resolution dated 5.7.1991 came to be substantially modified by Resolution dated 16.8.1994 and as per the said Resolution an employee would get his higher grade from 1.6.1987 if he has completed 9 years or more service as on that date, the 2nd and 3rd higher grade scales were to be given after completing 9 years and 18 years after 40 1.6.1987. It is the case on behalf of the petitioner that in the said Government Resolution dated 16.8.1994 it was further provided that no recovery of over-payment made to an employee on the basis of the Resolution dated 5.7.1991 was to be made from him if he has retired before 1.8.1994. That by letter dated 03/4.5.96 respondent No.3 ordered recovery of Rs. 42,048 from the petitioner on account of overpayment due to cancellation of 2nd and 3rd higher grade scales which was challenged by the petitioner before this Court by way of Special Civil Application No. 3777 of 1996. That by Judgment and order dated 19.8.96 the said petition came to be allowed on the ground that the petitioner was not heard before passing the order dated 3.5.1996 and liberty was reserved in favour of the respondents to pass appropriate orders after hearing the petitioner. That a notice dated 27.11.1996 was issued to the petitioner by the Deputy Secretary calling upon the petitioner for hearing and the petitioner gave a written reply dated 21.1.1997 and the petitioner was also personally heard by the Deputy Secretary. That by order dated 30th May 1997 the State Government rejected the request of the petitioner and ordered recovery of overpayment. That a consequential order/letter was issued by the respondent No.3 dated 25/26.6.97 informing the petitioner that he has recovered the amount of Rs. 34,233 from the outstanding dues of the petitioner. Being aggrieved and dissatisfied with the aforesaid order passed by the State Government dated 30th May 1997 as well as the order of recovery dated 25/26.6.97 the petitioner has preferred the present Special Civil Application under Article 226 of the Constitution of India.
(3.)At the outset, it is to be noted that Shri A. S. Supehia, learned advocate appearing for the petitioner has submitted that he does not challenge the order passed by the respondent by which it is held that the petitioner is not entitled to the benefit of 2nd and 3rd higher grade scales however the petition be restricted to that part of the order dated 30th May 1997 passed by which the State Government has passed the order of recovery of the amount of Rs. 34,233. Under the circumstances, the only grievance/dispute which is required to be considered by this Court is with regard to the order of recovery of Rs. 34,233.