petitioner submits that petitioner joined as a work charge employee on 08.03.1969 and was taken in regular establishment on 08.03.1979. Petitioner had filed CWJC No. 5269 of 2012 for grant of financial upgradation, taking into consideration that no promotion was granted to him, wherein the learned Single Judge has allowed the writ. However, the State has preferred a Letters Patent Appeal No. 779 of 2014 against the order passed in CWJC No.5269 of 2012. The Division Bench of this Court, for setting aside the order of the learned Single Judge, clarified the status of the petitioner to be in regular establishment from the date he was appointed in the regular establishment in terms of the government scheme which was operated as on the date with respect to the work charge employee. The petitioner submits that he is entitled for financial upgradation, however, the Authority, even after clarification made by the Division Bench vide order dated 21.03.2017 passed in Letters Patent Appeal No. 779 of 2014, had never objected to stop excess amount being paid to the petitioner during his service period till the date of his retirement on 30.04.2009, and now, after lapse of nearly 6 years from the date of passing of order dated 21.03.2017, the Authorities have proceeded to recover the excess amount paid to the petitioner from the pensionary benefit vide Letter No. 585
