Heard Sri Veer Singh, learned counsel for the petitioner and the learned Standing Counsel for the respondents.
The challenge in this writ petition is to the order dated 22.5.2010 passed by the Manager of the Maharani Laxmibai Girls Inter College, Etah whereby directions have been issued for recovering excess amount paid to the petitioner over and above the salary admissible to the petitioner.
It has been submitted by the learned counsel for the petitioner that earlier also an order was passed for recovery of excess amount on the ground that the petitioner was granted selection grade wrongly. The said order was initially stayed by the High Court in Writ Petition No. 23749 of 2009 which was finally allowed vide judgment and order dated 10.08.2009 and the matter was remanded to the Committee of Management with the direction to record a finding as to whether the petitioner was responsible for getting his salary wrongly fixed or in getting the selection grade incorrectly. However, without recording any such finding, the order for recovery of the excess amount has again been passed.
Be as it may be, the matter is purely factual in nature and since it is an order passed by the Manager, it cannot be taken due care by the District Inspector of Schools.
In view of the above, I am not inclined to interfere in the writ petition as this stage. The writ petition is, however, disposed of with the liberty to the petitioner to file a representation against the order dated 22.05.2010 before the District Inspector of Schools within a period of two weeks from today and in case, any such representation is made, the District Inspector of Schools shall consider the validity of the impugned order and pass appropriate order in accordance with law keeping in view the earlier order of this Court as expeditiously as possible preferably within a period of six weeks.
For a period of three months from today or till any order is passed on the aforesaid representation of the petitioner, whichever is earlier, no recovery shall be made from the petitioner.
Order Date :- 21.6.2010 vinay