SRI. LAL SINGH Vs. STATE OF HIMACHAL PRADESH AND ANR.

JUDGEMENT

(1.) THE Petitioners in this and the connected writ petition are teachers in the service of the State of Himachal Pradesh. They entered employment some years before the year 1966.

(2.) ON September 30, 1970 the Himachal Pradesh Government issued an order revising the pay scales of the teaching personnel in Government Schools in Himachal Pradesh in order to bring them in line with the pay scales in Punjab. The pay scales were revised with effect from November 1, 1966. Para 2(ii) of the order declared that "the employees concerned will have the option to retain their existing pay scales and allowance provided that the conditions of pay and allowances shall remain the same as previously". The option to retain the old scales was to be communicated to the prescribed authority within four months from the date of issue of the order. It was provided that the option once exercised would be final and if an officer did not exercise the option he would be deemed to have elected the revised gay scales on the expiry of the aforesaid period of four months.

(3.) SUBSEQUENTLY , on an audit objection being raised that it was not open to the Petitioners to avail of the revised pay scales from a date later than November 1 1966, it was found that the Petitioners had been paid in excess. Accepting that view, the State Government found it necessary to recover the overpayments made. Overpayments made upto August 31, 1973 were waived, and proceedings were taken to recover subsequent overpayments.