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december 2008

Supreme Court of India · 2008-12-16

SYED ABDUL QADIR vs STATE OF BIHAR .

Citation / case number
SC 2002/20264
Court
Supreme Court of India
Petitioner
SYED ABDUL QADIR
Respondent
STATE OF BIHAR .
Author
B.N. AGRAWAL
Bench
B.N. AGRAWAL,HARJIT SINGH BEDI,G.S. SINGHVI, ,

Judgment text excerpt

The Supreme Court upheld the Patna High Court's decision regarding the applicability of the Office Order dated 16.11.2000, which mandated that the fixation of pay scales for Assistant Teachers in Nationalised Schools in Bihar be governed by Fundamental Rule 22(1)(a)(2) instead of FR 22-C. The Court ruled that the Office Order applied retrospectively, allowing for the recovery of excess payments made to employees without interest in instalments. The judgment clarified that the provisions of FR 22-C were not applicable, thus affirming the State's authority to recover excess amounts paid.

SYED ABDUL QADIR vs STATE OF BIHAR . · Niyam