IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10979 of 2011 1. Smt. Kumkum Mishra W/O Mr. A.K. Mishra R/O Mohalla- C/11, Vijay Nagar, P.S. Patrakar Nagar, in the District Of Patna ...Petitioner Versus 1. The Union of India through the Commissioner Human Resources Department, Govt. Of India, New Delhi 2. The Deputy Commissioner(Admin) Kendriya Vidyalay Sangathan, Human Resources Department, 18, Industrial Area, Saheed Jit Singh Marg, New Delhi 3. The Astt. Commissioner Kendriya Vidyalay Sangathan, Human Resources Department, Department Of School, Education and Literary, Govt. Of India, Regional Office, Lohiya Nagar, Kankarbagh, Patna 4. The Principal Kendriya Vidyalay, Khagaul, in the Distt. Of Patna ......Respondents ---------------------------------- For the petitioner: Mr. B.N.K. Tiwary, advocate For the respondents: Mr. G. K. Agrawal, advocate Mr. K. Ravish, advocate ------------------ 2 12-10-2011 Heard learned counsel for the petitioner and learned counsel for Kendriya Vidyalay Sangathan. The Central Administrative Tribunal, Patna Bench, by the impugned order dated 6-1-2011 dismissed O.A. no. 60/2010 preferred by the petitioner and did not interfere with the order of the authorities for withdrawal of Selection Grade granted to the petitioner with effect from 01-01-1998. The direction for recovery of excess amount has already been carried out while the matter was pending before the Tribunal. On going through the impugned order as well as the order of the authorities withdrawing the 2 Selection Scale, dated 24-3-2009, it is apparent that petitioner did not have the basic condition for grant of Selection Scale because she did not have the qualification for the PGT (Post Graduate Teacher). In such a situation, the decision of the authorities was rightly not interfered with. The next issue raised is that the authorities should not have ordered for recovery of the monetary benefits paid to the petitioner. The amount is said to be around Rs. 60,000-70,000/- and has already been recovered from the petitioner from arrears of salary payable to her. In case of wrong grant the Courts interfere with the recovery orders only on considerations of equity. Had there been any error in interpretation of the basic rules or basic qualification, then the matter could have been different and interference could have been made with recovery in view of the judgement of the Supreme Court in the case of Syed Abdul qadir & Ors. Vs State of Bihar & Ors, 2009 (2) PLJR SC 74. However, there is no material to dispute the statement 3 in order dated 24-3-2009 that as per Ministry of Human Resources Development Department circular dated 12-8-1987, qualification for the post of PGT was one of the basic conditions for grant of Selection Grade to the petitioner. Hence, in our view that judgement also does not help the petitioner. There is a discussion in paragraph 7 of the judgement of the Tribunal showing that before granting the Selection Grade and making disbursements, undertaking had been obtained from all teachers that they will refund the amount in case they were later found ineligible for grant of Selection Grade. Since the grant itself was conditional, we are not persuaded to interfere with the recovery already made from the petitioner. The writ petition is, therefore, dismissed. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)