1980 PLP (C (PLC(CS))

Case No. 285/350 of 1978, decided on 4th Inlay, 1980.

Nationalised School Teacher case‑‑Service Book indicating appoint ment 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. 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 after wards 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 emolu ments 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 appellant was never in S. E. T. before nationalisation and that her pay in the S. E. T. scale was fixed mistakenly and therefore, she could, not be treated as S. E. T. before 10‑12‑1975 when she actually came to occupy an S. E. T. post. We have seen the record. 'The service book of the appellant shows that she was not in the S. E. T. scale (although shy; was shown in the school record to be an S. E. T) before nationallisation. She was drawing salary at the rate of Rs. 100 p.m. and the service book expressly states that she was paid at the rate of Rs. 100 p.m. from October 1972 to November, 1974. In the latter month she presumably started receiving pay in the S. E.T. pay‑scale and as stated by her, even obtained arrears of pay for the above period. The appellant passed her B. Ed. in 1971 whereas the service book mentioned that she was serving in the Islamia Girls High School, Baghban pura, as S E. T. since 5‑10‑1970, which is anomalous. Apparently she was designated as S. E. T. but not paid in the relevant pay‑scale. In view of the above we cannot see our way to agreeing with the appellant's contention that she was a proper S. E. T. before 1‑10‑1972 and, therefore, dismiss the appeal. However, we were informed by the learned Government Pleader that the case of the appellant and some other ladies in similar circumstances was under review in the Finance, Department in face of the extreme hardship involved in recovery of over‑payment and the apparent fact that she received the over‑payment in good faith, we can only hope that the Finance Department and the Education Department will take a sympathetic view of the matter and waive the recovery. Order accordingly.