1. This Special Appeal has been filed by the State authorities with a delay of one year and 172 days against the judgment and order of the learned Single Judge dated 19.7.2002 by which the impugned order dated 17.11.1995 was set aside.
2. The delay has been condoned by this Court vide order dated 10.11.2009.
3. We have heard the learned Standing Counsel appearing for the State appellant and Sri Girja Shankar Saxena, learned Counsel appearing for the respondent.
4. The facts giving rise to the present appeal is that the respondent was appointed on 23.7.1965 as Assistant Teacher in LT Grade in Daya Nand Model Udyogshala Inter College, Govind Nagar, Kanpur Nagar, which is an aided institution and recognised under the U.P. Intermediate Education Act, 1921.
5. In 1981, the Government had issued a Government Order dated 29.12.1981 providing selection grade in the scale as mentioned in the said Government Order, to the teachers in their respective grade on completing 16 years of service on fulfilling certain other conditions. Pursuant to the aforesaid Government Order the respondent was granted selection grade on 23.7.1981. Thereafter the respondent was recommended for promotion in the year 1987 and papers were sent to the District Inspector of Schools for its approval. Thereafter again vide another Government Order dated 4.10.1989 the pay scale of LT Grade Teachers including that of the respondent was revised and the respondent was allowed to draw revised pay scale in the selection grade with effect from 1.1.1986.
6. On 30.6.1993 the respondent was allowed to retire upon attaining the age of superannuation at 58 years as he had opted to retire at the age of 58 years.
7. It appears that upon claiming the retiral dues by the respondent, the authorities seems to have passed the order dated 6.7.1994 that the grant of initial selection grade on 23.7.1981 to the respondent was incorrect instead he was entitled to selection grade from 1.7.1982 and, therefore, the extra amount that was paid to the respondent on account of his getting selection grade from 23.7.1981 was sought to be recovered from the pension of the respondent. This led to filing of the writ petition and the learned Single Judge after considering the facts and circumstances of the case, has held that at this belated stage after retirement of the respondent putting in more than ten years of service after the grant of selection grade on 23.7.1981, the authorities were wholly unjustified in recovering the alleged excess amount paid to the respondent, specially in view of the fact that nowhere it is reflected that the respondent was in any way involved in the grant of selection grade on 23.7.1981, if at all he was not entitled to the same. The learned Single Judge has further held that without issuing any show cause notice the said action of the authorities was wholly unjustified and arbitrary and, therefore, quashed the order impugned and directed for the payment of retiral benefits to the respondent treating him to have got the selection grade from 23.7.1981.
8. We have considered the submissions of the learned Counsel for the parties and we fully endorse the view taken by the learned Single Judge.
9. The appeal is thus, devoid of merit and is accordingly dismissed.
