WPSS No. 928/2012

Hon'ble V.K. Bist, J.

Mr. B.S. Negi, Advocate for the petitioners.

Mr. Ashish Joshi, Standing Counsel for the State/respondents.

Heard.

Learned Standing Counsel for the State prays for and is granted four weeks time to file counter affidavit.

List this petition after four weeks.

CLMA No. 7464/12 (Stay Application) Heard.

Contention of the learned counsel for the petitioners is that the petitioner are Class IV employees and they were given benefit of Assured Career Progression Scheme and have paid enhance salary accordingly. It is contended that such benefit was given to the petitioners by the respondents on their own and there is nothing misleading or fraudulent on which basis it can be said that such benefit was granted on the basis of misrepresentation on the part of the petitioners. It is contended that the respondents all of a sudden cancelled the benefit of ACP Scheme vide order dated 08.12.2011 and thereafter, an order was passed by the District Education Officer, Uttarkashi on 04.05.2012 for making recovery of the enhanced amount paid to the petitioners. He submitted that the order impugned have been passed by the respondents without giving any notice as well as without providing any opportunity of hearing to the petitioners. Having heard learned counsel for the parties and upon examining the record, it is directed that till next date of listing, no recovery shall be made form the petitioner in pursuance of the order dated 08.12.2011 and 04.05.2012 (contained as annexure nos. 5 and 6 to the writ petition) Stay application stands disposed of.

(V.K. Bist, J.)

23.07.2012

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