Learned counsel for the petitioner is permitted to correct the respective numbers of respondents in both the stay application as well as writ petition; same may done forthwith.
Learned standing counsel has accepted notice on behalf of respondent Nos. 1 and 2. Issue notice to respondent No.3.
Each one of respondents is granted eight weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next four weeks.
List thereafter.
Petitioner's contention is that in the fixation of pay, he has no role to play, and coupled with this, the same had been ratified by the District Inspector of Schools, in such a situation and in this background, the directives which have been issued for recovery of the amount paid in excess is unjustifiable.
Prima facie the argument advanced appears to have some substance and requires consideration by this Court. Consequently, till the next date of listing, the amount sought to be recovered from the petitioner pursuant to order dated 04.08.2010 shall not be recovered.
Order Date :- 7.9.2010 SRY