JUDGEMENT
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(1.)Heard Shri Vashu Deo Mishra, learned counsel for the petitioner, Shri Abhinav Narain Trivedi, learned Addl. Chief Standing Counsel and perused the record.
(2.)Shiv Swaroop Trivedi/petitioner was appointed on 12.11.1968 on the post of Junior Clerk in the department of Gramya Vikas, State of U.P. and was posted at Unnao. While he was working in the department a new pay scale was given to him as per the Government Order dated 11.8.1983 vide G.O. No.Ve.Aa.-1-1802-Dus-34-(M)-83. After completing 40 years of successfully services, petitioner retired on 28.2.2009 from service after attaining the age of superannuation from the post of Assistant Accountant.
(3.)While he was enjoining retiral life, the impugned order dated 28.8.2009 (Annexure No.1) was passed by the opposite party no.4/District Development Officer, Hardoi thereby directing to recover the amount along with interest as mentioned therein as the same had been paid to him in excess as he was not entitled for promotional scale given to him in view of the Government Order dated 11.8.1983.
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