WP(C) 5270/2009 BEFORE THE HON’BLE MR. JUSTICE B. P. KATAKEY Heard Mr. N. Dhar, the learned counsel for the petitioner and Mr. M.K. M ishra, the learned Standing Counsel, Education Department appearing for responde nts No.1, 2, 3 & 5. Also heard Mr. D. Saikia, the learned Standing Counsel, Fina nce Department apart from the learned counsel appearing for respondent No.4. The petitioner by the present petition has challenged the action on the part of the respondent authorities in directing recovery of alleged excess drawa l of salary from the month of March, 2003 to February, 2009. According to the re spondents, though the petitioner was entitled to the salary in the pay scale of Rs. 2890 - Rs. 5725/-, after the ROP Rule of 1998 came into force, the petitione r’s salary was fixed in the pay scale of Rs. 3010 - Rs. 6075/-, which necessitat ed the recovery of excess drawal. It has been contended by Mr. Dhar, the learned counsel for the petitione r that there is no dispute about the fixation of the basic pay, after ROP Rule 1 998 came into force, at Rs. 2740/- as on 1.1.1996, as the petitioner is entitled to fixation of pay at Rs. 4720/- in the pay scale of Rs. 2890-Rs. 5725/-. It is also the contention of the petitioner that the ROP Rule 2010 has been given eff ect from 1.1.2006 and under the said ROP Rules, the pay scale of Librarian in Se nior Madrassa and Librarian in Title Madrassa/Arabic College has been equated, h owever, with difference of grade pay, and therefore, if at all, any amount is re coverable, the same would be from the month of March, 2003 to 31.12.2005 and not upto the month of February, 2009. Mr. Dhar, learned counsel submits that since a decision has been taken by the authority for recovery without hearing the peti tioner and without taking into consideration the said aspect of the matter, nece ssary direction may be issued to the Commissioner and Secretary, Education (Seco ndary) Department to re-consider the matter and pass necessary order, after hear ing the petitioner. Mr. M.K. Mishra, learned Standing Counsel, Education Department, has sub mitted that due to wrong fixation of the basic pay of the petitioner after the R OP Rules 1998 came into force, it has become necessary to recover the excess dra wal, for which direction was issued for recovery from the month of March, 2003 t o February, 2009. Mr. Mishra, however, has submitted that the Commissioner and S ecretary would definitely take into consideration the ROP Rules, 2010 and pass n ecessary order. The learned counsel appearing for the respondent No.4 referring to the a verments made in the affidavit-in-opposition, has submitted that due to wrong fi xation of the basic pay in a wrong pay scale, to which the petitioner is not ent itled to, the order for recovery has to be passed and accordingly such order was passed. It is not in dispute that a decision for recovery of certain amounts for a period of time has been taken without hearing the petitioner. It also appears that by ROP Rules, 2010, the pay scale attached to the post of Librarian in Ti tle Madrassa /Arabic College and the post of Librarian in Senior Madrassa has be en equated, however, with difference of grade pay, which is Rs. 100/-. The benef it of ROP Rules, 2010 has been given effect from 01.01.2006. The recovery sought to be made from the period March, 2003 to February, 2009.In view of giving effe ct of the ROP Rules, 2010 from 01.01.2006 and equation of the pay scale for the aforesaid two posts, it has become necessary to reconsider the matter by the Com missioner and Secretary (Secondary) Education Department, Govt. of Assam and rec ord a fresh decision in that regard, after giving the petitioner an opportunity of being heard. In view of the above, the present petition is disposed of with a directi on to the Commissioner and Secretary (Secondary) Education Department, Govt. of Assam to reconsider the matter and pass a fresh speaking order after giving the petitioner an opportunity of being heard. The said exercise is directed to be co mpleted within a period of two months from the date of production of the certifi ed copy of this order by the petitioner alongwith the copy of the writ petition with annexures appended thereto, before the said authority. Such time limit has been fixed as the petitioner is due to retire from service on attaining the age of superannuation on 31.12.2010. The writ petition is accordingly disposed of.