Law:

Section:

Civil service-- ---Nationalised School Teacher case--Service Book indicating appoint­ment not in S. E. T. scale prior to nationalisation-Pay in S. E. T. scale drawn on erroneous record, held, rightly disallowed-Recovery of overpayment-Might be waived by Government in view of extreme hardship. JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).-The appellant was working as teacher in the Islamia Girls High School, Baghbanpura, Lahore, when the school was nationalised under M. L. R. 118. She claims that at the time of nationalisation she was a Senior English Teacher and that her pay was correctly fixed by the Education Department in the scale meant for S. E. T.'s According to the department the appellant was erroneously given the S. E. T. scale immediately after nationalisation, but was actually ands correctly given that scale front 10-12-1975 when a post of S. E. T. became available for her in the Medrasa Binat-ul-Muslimeen, Shalimar Town, Lahore where, in the meantime, she had been transferred from 1-4-1975. The Education Department have decided to recover from the appellant the overpayment made to her from 1-10-1972 to 10-12-1975. The appellant challenges the order which does not recognise her as S. E. T. daring this period and wants the recovery of the alleged overpayment to be stopped. The parties were heard. The appellant has contended before us that she was mentioned in the acquittance roll of the Islamia High Schood, Baghbanpura, as S. E. T. when that school was nationalised and that after­wards the respondent department continued to accept her as S. E. T. as is evident frown the transfer order shifting her to Madrasa Binatul Muslimeen and the fixation of her pay in 1974 in the S. E. T. grade. According to M. L. R. 118, teachers of nationalised schools were entitled to the emolu­ments being received by them before 1-10-1972 and, accordingly the order refusing her the status of S. E. T. for the period 1-10-1972 to 10-12-1975 and effecting recovery of overpayment was illegal and ultra vires. The Department claims that the…

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