Petitioner is aggrieved of recovery of an amount of Rs 95,661/- which is sought to be recovered from the emoluments of the petitioner on account of excess payment made to her by the respondent department.

2. In brief the case of the parties is that the husband of the petitioner namely, Sh Romesh Kumar Kanwal who was serving as Telecom District Manager in the Department of Telecommunications died in harness in the year 1993. Petitioner applied for compassionate appointment and she being a Law Graduate was appointed as Legal Assistant against the post created in the pay scale of Rs 1640-2900 by one post of Jr. Telecom Officer in the same pay scale vide order dated 16-6-1994 by the Ministry of Tele-communication, Government of India. Pay Scale of Jr Telecom Officer were revised vide 5th Pay Commission from Rs 1640-2900 to Rs 6500-10,500 w.e.f. January, 1996. It appears that the pay scale of the petitioner also came to be revised and she was allowed the pay scale of Rs 6500-10,500/- right from the revision of the pay scale till 12-11-1999. Petitioner received communication dated 10-8-1999 whereby she was informed that she has been wrongly given the grade of Jr. Telecom officer. She was

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