Petition seeking return of excess grade pay. Court directed competent authority to examine grievance within three months pending final decision.
Direction to the competent authority to examine the representation and dispose of within three months.
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Court No. - 13
Case :- WRIT - A No. - 27479 of 2010
Petitioner :- Kaushlesh Prasad Pandey Respondent :- State Of U.P. And Others Counsel for Petitioner :- Ravi Shanker Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
By means of the present petition the petitioner seeks a direction to return the excess amount paid to the petitioner along with an interest. The grievance of the petitioner is that in view of the L.T. Grade being declared dying cadre in the Government Order 1989, teacher, who completed 10 years of service w.e.f 1.1.1986 were entitled to be conferred with status of the L.T. Grade. In the institution where the petitioner is working claimed to be upgraded in the year, 1993 from Junior High School to High School and accordingly, the petitioner was paid L.T. Grade of pay on completion of 10 years of service.
The contention of the learned counsel for the petitioner is that since the institution has become upgraded he is entitled to be Trained Grade teacher w.e.f. 1.1.1986, as he had completed 10 years of service and therefore, he was accordingly paid however, subsequently the order was modified to the extent that he was entitled L.T. Grade only w.e.f. 1993, which is not in consonance with Section 33-D of the Uttar Pradesh Secondary Education Services Selection Board, Act 1982.
The matter is required to be examined by the competent authority namely respondent no. 3 in the first instance and the petitioner is permitted to make representation raising his grievance, which shall be examined and disposed of in accordance with law within three months from the date of production of a certified copy of this order.
The petition is, accordingly, disposed of.
Order Date :- 10.5.2018 A. Pt. Singh
1 issue framed by the court
Whether excess pay and interest be directed to be returned to the petitioner by the competent authority.
Kaushlesh Prasad Pandey
State Of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
