JUDGMENT Ashok Bhushan, J.
1. Heard counsel for the petitioner, and learned standing counsel. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of the parties the writ petition is being finally decided.
2. By this writ petition, the petitioner has prayed for quashing the orders dated 1st November, 1997 and 18th January, 1999 (Annexure-1 and 6 respectively to the writ petition). A writ of mandamus has also been sought directing the respondents to pay Rs. 52,393/- to the petitioner along with interest.
3. Brief facts necessary for deciding the writ petition are; the petitioner was appointed as Teacher in J.T.C. grade on 8th July, 1961. The petitioner was thereafter promoted in C.T. Grade from 1st July, 1971. The petitioner thereafter has been given L.T. grade with effect from 13th February, 1980. The petitioner retired on 30th June, 1997, After the retirement an order has been passed on 1st November, 1997 for deduction of an amount of Rs. 52,393/- from the pension of the petitioner which was allegedly paid to the petitioner on account of incorrect fixation of salary. The Joint Director of Education decided the representation of the petitioner vide order dated 18th January, 1999 rejecting the same. The Joint Director of Education in his order dated 18th January, 1999 has stated that petitioner has given his option for C.T. grade as 1.11.1979 and according to that option he was entitled for giving C.T. selection grade with effect from 1st July, 1980 but he having been promoted in L.T. Grade prior to 1st July, 1980 his fixation in C.T. selection grade from 1st July, 1979 was incorrect.
4. learned Counsel for the petitioner, challenging the said order contended that fixation of the salary of the petitioner in C.T. selection grade was in accordance with the Government orders and the order dated 1st November, 1997 directing for recovery of Rs. 52,393/- is incorrect. learned Counsel for the petitioner submitted that selection grade has been provided by the Government order dated 29th December, 1981 after completion of 16 years. He submits that although by the Government order dated 29th December, 1981 period of 16 years in the said grade was prescribed for grant of selection grade but a clarification was issued by the State Government on 22nd December, 1983 in which it was provided that for grant of C.T. selection grade the period of a teacher working in J.T.C. grade/B.T.C. grade may also be added.
5. Learned standing counsel supported the impugned order and relied on paragraph 3 of the counter affidavit and has reiterated that petitioner was entitled to be given C.T. selection grade with effect from 1stJuly, 1980 he having been promoted in C.T. Grade only on 9th July, 1971.
6. I have considered the submissions and perused the record.
7. The order directing for for recovery of an amount of Rs. 52,393/- from the pension of the petitioner has been made on account, of wrong fixation of salary in giving the benefit of C.T. selection grade to the petitioner. The respondents have relied on the Government order dated 29th December, 1981 filed as Annexure-1 to the counter affidavit. The said Government order provided that Assistant Teacher who is trained intermediate is entitled to get selection grade after completion of 16 years satisfactory service provided they have not been promoted on higher post before that. According to Government order dated 29th December, 1981 petitioner was entitled for selection grade after completion of 16 years period in C.T. grade. learned Counsel for the petitioner has brought on the record copy of the another Government order dated 22nd December, 1983 as Annexure-2 to the writ petition by which clarification has been issued as to whether the person working in C.T. grade is entitled to add his period of working in J.T.C./B.T.C. grade. The State Government issued clarification for grant of selection grade that the period of J.T.C./B.T.C. can be added during which period after passing the intermediate examination a teacher has taught Class-6, 7 and 8. The petitioner's appointment was made in intermediate college in J.T.C. grade and according to clarification given by the State Government dated 22nd December, 1983 the petitioner was entitled to add his period of J.T.C. grade also. In paragraph 3 of the counter affidavit it has been admitted that petitioner was appointed in J.T.C. grade on 2nd August, 1961 and was confirmed on 2ndt August, 1962. It is further stated that petitioner was promoted in C.T. grade on 9th July, 1971 and was confirmed on 9th July, 1972. Taking into consideration the period of J.T.C. grade of the petitioner, the petitioner will complete his 16 years period for eligibility of selection grade much before July, 1979. Petitioner has been given the C.T. selection grade from 1st July, 1979. The Joint Director of Education in the impugned orders has taken the view that petitioner was entitled to be given C.T. selection grade only with effect from 1st July, 1980. The said date has been arrived by adding 16 years period from the date of promotion of the petitioner in C.T. grade, i.e., 9th July, 1971. As observed above, the petitioner was also entitled for adding of his period of J.T.C. grade for the purposes of grant of selection grade. The petitioner was appointed in an Intermediate College. It is not the case of the respondents that the petitioner did not teach Classes 6, 7 and 8.
8. The petitioner's qualification was intermediate and he was fully entitled for the benefit of the clarification dated 22nd December, 1983 issued by the State Government. In the counter affidavit & Government order 22nd December, 1983 has neither been referred nor has been replied. In paragraph 4 of the writ petition, the petitioner has specifically placed reliance on the Government order dated 22nd December, 1983 and in reply to the said paragraph the Government order dated 22nd December, 1983 has not replied.
9. In view of the aforesaid the respondents authorities have taken a erroneous view of the matter in holding that petitioner was not entitled for C.T. selection grade from 1st July, 1979. The impugned orders dated 1st November, 1997 and 18th January, 1999 cannot be sustained and are hereby quashed. The respondents are directed to make payment of Rs. 52,393/- to the petitioner within a period of three months from the date of production of a certified copy of this order. The said amount having been deducted from the pension of the petitioner, the petitioner is also entitled for interest at the rate of 6%.
10. The writ petition is allowed with the aforesaid directions.