Learned counsel for the petitioner submitted that due to typographical error in the prayer clause (i) of the writ petition the Annexures-1, 2 and 3 have been mentioned, whereas the same should be as Annexures-2, 3 and 4.
He prays that he may be permitted to correct the number of Annexures in prayer clause (i) of the writ petition.
Learned counsel for the petitioner is permitted to correct the number of Annexures in prayer clause (i) of the writ petition, during the course of day.
Heard learned counsel for the parties.
The submission of learned counsel for the petitioner is that earlier the petitioner approached this Court by means of Writ Petition No.8784 (S/S) of 2011 for seeking directions regarding non-payment of pension and other retiral dues of the petitioner. By means of order dated 09.12.2011, the directions were issued to the Vice-Chancellor of the University to examine the grievance of the petitioner and pass speaking and reasoned order, in accordance with law.
The Vice-Chancellor of the University by means of order dated 21.12.2011 passed an order on the representation of the petitioner and issued directions for payment of pension as well as other retiral dues. The grievance of the petitioner is that the Vice-Chancellor while deciding the representation of the petitioner, directed for fixing pension of the petitioner on lower pay-scale on the ground that the petitioner was granted higher pay-scale subject to approval of the State Government. The State Government by means of order dated 28.05.2011 directed for withdrawal of the higher pay-scale granted to the employees of the University.
It is further submitted that the Vice-Chancellor in his order no where directed for recovery of excess amount paid to the petitioner, but the Administrative Officer by means of order dated 21.12.2011 directed for fixing the pension after recovery of excess amount paid to the petitioner.
On examination of the order of Vice-Chancellor, this Court finds that the Vice-Chancellor has not directed for recovery of excess amount paid to the petitioner. Apparently, the Administrative Officer exceeded his jurisdiction and passed the order for fixing the pension after recovery of excess amount paid to the petitioner.
In view of the above, the operation and implementation of the order dated 21.12.2011 of the Administrative Officer is hereby stayed till further orders of the Court.
Sri Manik Sinha, learned counsel for the University prays for and is granted one week's time to file counter affidavit. Rejoinder affidavit, if any, be filed within a week thereafter.
List after expiry of the aforesaid period.
Order Date :- 31.1.2012 Suresh/