Hon’ble Arvind Kumar Tripathi, J.—List revised. Heard learned counsel for the petitioner, learned Standing Counsel and perused the record.

2. The present writ petition has been filed against the impugned order dated 5.9.2007 passed by District Basic Education Officer, Lalitpur, respondent No. 3, for recovery of Rs.30270/- the amount paid in excess to the petitioner. By interim order dated 10.12.2007 the recovery was stayed.

3. The brief facts of the present case is that petitioner was duly selected and appointed as Assistant Teacher on 16.7.1971 in the institution known as Veerangana Awanti Bai Junior High School, Jakhoura (hereinafter referred as an ‘institution’), which is a recognised junior high school and was receiving grant-in-aid from the State. The institution was governed by the provisions of U.P. Recognized Basic School (Junior High School) Teachers Appointment & Service Condition Rules, 1978 and provisions of U.P. Junior High School (Payment of Salaries of Teachers and others Employees Act), 1978. The petitioner was working continuously. Thereafter, post of Head-Master fell vacant on 30.6.2000 after retirement of the then Head-Master. The petitioner being senior