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2013 Supreme(Kar) 254

D.V.SHYLENDRA KUMAR
J. Manjula – Appellant
Versus
Director, Department of Pre-University Education – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Sri H. Subramanya Jois, Senior Counsel for Sri K.C. Shanth Kumar, Advocate
For Respondents/Defendant:Sri H. Venkatesh Dodderi, Additional Government Advocate

ORDER

D.V. Shylendra Kumar, J.

1. Writ petitioner is working as Teacher in the fourth respondent-private aided educational institution. It appears that there was some correspondence and dispute with regard to the admission of the petitioner to the aided post and ultimately this dispute ended in favour of the petitioner and it had also been quantified that the petitioner was entitled for receiving aided salary for the period in question. In the earlier proceedings, this amount had been quantified at a sum of Rs. 12,33,667/-. As this amount had not been released in favour of the petitioner by the Department, contempt proceedings had also been taken not once but twice. Ultimately, the Government sanctioned by an order payment of this amount to the petitioner. The amount, in fact, has also been subsequently released and petitioner has received the amount.

2. After payment, the fourth respondent-Management took action to recover the amount that the Management had paid to the petitioner during the relevant period i.e., between 2003-2004 and 2010-2011 and the amount was quantified at Rs. 4,01,681/-.

3. There is no dispute that the petitioner had received this amount for the period in question








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