Law:

Section:

Civil service----- ---Salary--Over-payment--Civil servant received salary in running pay scale--Subsequently put in fixed scale and over-payments ordered to be recovered--Pay fixation being in accordance with qualifications upheld by Tribunal but matter of over-payments declared transaction past and closed. Ch. Ghulam Qadir for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). --Hassan ul Murtaza Khawar has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the order, dated 4-1-1879 passed by respondent No. 4 regarding alleged recover of Rs.1051 as an alleged over-payment and depriving the appellant from the right of receiving the monthly salary in running pay scale No. 8, like usual. He has impleaded the Government of the Punjab, Education Department through Secretary Education, Civil Secretariat, Lahore, Director of Education, Punjab, Lahore, the Deputy Director Education, Bahawalpur Region, Bahawalpur and the District Accounts Officer, Rahimyar Khan as respondents. 2. By virtue of this appeal he has prayed that the impugned order be set aside and the recovery of Rs.1051 be held without jurisdiction and respondents be directed to pay the appellant the amount of salary in running pay scale No. 8 alongwith his other colleagues. 3. Brief facts of the case are that the appellant was employed as Oriental Teacher in the Tameer-e-Millat High School, Rahimyar Khan after passing examination of Hons. in Persian/Munshi Fazil from the University of Punjab and Dars-e-Nizami from Madrisa Azizia, Bhera at Rs.75 p.m. He applied to the ex-management of the school for the grant of regular scale of O.T. and was awarded regular scale w.e.f. 5-11-1962. At the time of nationalization of privately managed schools by the Government, his services were regularized from 1-10-1972, and he was getting Rs.208 p.m. on 30-9-1972. His pay was fixed at Rs.125 p.m. w.e.f. 1-10-1972, by the D.P.I. Punjab, Lahore being untrained as he did not possess any professional qualification. His pay was fixed on 26-12-1978 by the District Accounts Officer, Rahimyar Khan at Rs.125 p.m. w.e.f. 1-10-1972 and Rs.200 p.m.…

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