IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.02.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.No.31048 of 2006 (O.A.No.10223 of 1998) N.Rajureddy ... Petitioner Vs 1.The Additional Assistant Educational Officer, Mangalore Panchayat Union, Mangalore at Ramanatham 2.The District Elementary Education Officer, Mangalore, Cuddalore District. ... Respondents Prayer: Writ petition came to be numbered by transfer of O.A.No.10223 of 1998 on the file of the Tamil Nadu Administrative Tribunal praying to call for the records relating to the orders of the 1st Respondent dt.9.11.98 issued in Ref.No.Na.Ka.No.2674/aa1/98 and the IInd Respondent dt. 9.11.98 issued in Ref.No.Na.Ka.No.2674/aa1/98 and quash the same. For Petitioner : Mr.R.Muthukannu For Respondents : Mr.B.Vijay, G.A. ORDER This writ petition is filed to call for the records relating to the orders of the 1st Respondent dt.9.11.98 issued in Ref.No.Na.Ka.No.2674/aa1/98 and the IInd Respondent dt. 9.11.98 issued in Ref.No.Na.Ka.No.2674/aa1/98 and quash the same. 2. Headmaster of a Panchayat Union Elementary School challenges the order of recovery made on the ground that excess amount has been paid. The primary reason for challenging the said order is that no notice has been issued before passing the said order. 3. Head Mr.B. Vijay, learned Government Advocate as well as the learned counsel for the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 4. In view of the decision of the Apex Court in Sahib Ram – Vs. - State of Haryana and others ( 1995, Suppl. 1, SCC 18) and Babulal Jain – Vs. - State of M.P. And others (2007, 6, SCC 180), recovery cannot be ordered as there was no fraud or misrepresentation on the part of the petitioner for grant of higher scale of pay. In any event, no notice has been issued before passing the order of recovery. For all these reasons, the impugned order is set aside and the writ petition is allowed as prayed for. No costs. Sd/- Asst. Registrar /true copy / Sub Asst.Registrar ra To 1.The Additional Assistant Educational Officer, Mangalore Panchayat Union, Mangalore at Ramanatham 2.The District Elementary Education Officer, Mangalore, Cuddalore District. + 1 cc to Mr.R.Muthukannu,Advocate,SR.7528 W.P.No.31048 of 2006 (O.A.No.10223 of 1998) TRM(CO) EM/23.2.10 https://hcservices.ecourts.gov.in/hcservices/