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Judgment
Hon’ble Pankaj Purohit, J.
Vide order dated 03.07.2024, this Court dismissed the writ petition as withdrawn insofar as petitioner no.2 was concerned. Accordingly, the writ petition survives only in respect of petitioner no.1-Nafees Ahmed.
Petitioner-Nafees Ahmed was initially appointed as Assistant Teacher in a Primary School in District Dehradun. On completion of the requisite period, petitioner was promoted as Assistant Teacher in Government Junior High School and, later on, he was promoted as Head Master in the year 2009 w.e.f. 01.01.2006. By the impugned order dated 04.08.2022, annexure-7 to the writ petition, issued by the Director, School Education (Primary), direction was issued to ensure recovery of the excess payment made to the petitioner, holding that the excess amount was to be paid to him from the date of his promotion, which was actually paid to the petitioner w.e.f. 01.01.2006.
Learned counsel for the petitioner contends that the amount was paid to the petitioner from the date of his actual entitlement and that no excess amount has been paid to him. He also contends that an amount of Rs.5,75,103/- has already been recovered from the petitioner-Nafees Ahmed.
State has filed its counter affidavit and, in para 9 of the counter affidavit, it has been stated that the present matter is covered by the judgment rendered by a Co-ordinate Bench of this Court in WPSS No.990 of 2018, (Manoj Kumar vs. State of Uttarakhand & Others and batch) and other connected writ petitions in WPSS No. 2378 of 2024.
Since the subject matter of the present writ petition is similar to the petitions decided by the judgment rendered by a Co-ordinate Bench of this Court in WPSS No.990 of 2018, (Manoj Kumar vs. State of Uttarakhand & others and batch), decided on 06.11.2023, therefore, the present petition also deserves to be decided in the light of the said judgment.
Following the ratio of the aforesaid judgment, the present writ petition is allowed. Respondents are directed to refund a sum of Rs.5,75,103/- to the petitioner-Nafees Ahmed, which was recovered from him in pursuance of the order passed by the respondent-Director.
Pending application, if any, stands disposed of accordingly.