(ii) the opposite parties have already passed a detailed reasoned order dated 31st January, 2011 which is at Annexure-S/1 to the supplementary show cause filed by the opposite parties. Looking to this order there is no willful disobedience of the direction given by this Court as stated hereinabove in the earlier writ petition. The petitioner is comparing his case with that of Smt. Shanti Kumari Sinha, but, looking to the order passed by the opposite parties, it appears that there was some earlier order in another writ petition in the case of Smt. Shanti Kumari Sinha in W.P.(S) No. 5442 of 2004 dated 16th April, 2010 and by virtue of this order, the higher pay scale was not given to Smt. Shanti Kumari Sinha, but, the order of recovery passed by the opposite parties was quashed and set aside. It ought to be kept in mind that if the opposite parties have paid slightly higher amount to the employee without there being any misrepresentation or fraud such an amount cannot be recovered, but, as the order of recovery is quashed in a case of Smt. Shanti Kumari Sinha that does not mean that the petitioner is entitled to I.A. and B.A. Trained Scale.
