SATYANARAYANA, J.,

1. The DDPI, Udupi District, 1st respondent in W.P.No.27555/2003 has come up in this appeal impugning the order dated 11.2.2005 passed in the said writ petition, wherein recovery of excess payment made to the petitioner pursuant to Annexure-A is upheld with a direction to 1st respondent/appellant herein to confirm the benefit provided under Annexure-A to petitioner and also to refund the recovery, if any, with reference to excess payment made to him.

2. Brief facts leading to this appeal are as under:

Respondent herein was working as Assistant Teacher in Durgaparameshwari Higher Primary School, Bantakallu, Udupi Taluk. Since his appointment was found to be in excess of the sanctioned limit, his service was taken out from the said school. However, to accommodate him, he was re-deployed in K.M. Aided Higher Primary School, Karkala Taluk, Udupi District in terms of the order of redeployment. Admittedly, the said redeployment is pursuant to the conditions stipulated under Rule 11 Sub-Rule 6 proviso 3 to Karnataka Educational Institution (Recruitment and Terms and Conditions of Service of Employees in Private Aided Primary and Secondary Educational Institu