ORDER

By Hon’ble Dr.Chhabilendra Roul, Member (A):- The present Original Application has been filed by the applicant, seeking the following:- ”(a) Issue an appropriate order or direction, directing the Respondents to set aside the recovery order bearing Ref; No. GSSS/AN/2021/501 dated 06.10.2021issued by the HOS i.e. Respondents No.4 herein against the Applicant; and (b) Consequently, direct the respondents to allow the applicant to revise her option to opt. 7th CPC from 01.01.2016 to 01.07.2016 i.e. from January to July ; and ( c) Pass any /or further order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.

2. The factual matrix of the case is as follows:

2.1 The present applicant joined initially as a primaryteacher in Municipal Corporation of Delhi on 7.1.1997. During her service period, the applicant earned 1stMACP on 1.9.2008; got promoted as TGT on 29.4.2010;and earned second MACP on 7.1.2017.2.2. The Audit party vide their Audit Memo dated18.3.2020 pointed out that the pay of the applicant while calculating certain increments was wronglycalculated on 01.07.2006. The Audit Memo was given to the applicant too, and he represented against the findings of the Audit Party. However, the respondentsvide communication dated 06.10.2021 (impugned order) intimated the applicant that recovery ofRs1.63.497/- (excess payment from 1.1.2006 to30.8.2921) will be made for a period of 18 months (Rs.9084/ - per month) and his Pay is re-fixed at a lower level. The details of re-fixation of the pay iscontained in letter dated 06.10.2021 from the School, the same are reproduced here as under:-“Govt. Girls Sr.Sec. School Adarsh Nagar, Delhi-33 Ref.No.502-505 Dated 06-10-2021 REVISED PAY FIXATION Revised pay fixation in R/o Smt. VIJAY GOYAL TGT Natural Science EMP. ID 20101049 as per Audit Memo No -06 Dt. 18.03.2020 raised by Inspecting Audit Officer,Audit party No. XIl

1. Pay as On 01-01-2006 in the grade pay 10470+4200=14670 4200

2. Pay as On 01-07-2006 in the grade pay 10910+4200=15110 4200

3. Pay as On 01-07-2007. in the grade pay 11370+4200-15570 4200

4. Pay as On 01-07-2008 in the grade pay 11840+4200-16040 4200

5. Pay as On 01-09-2008 (DUE TO GRANT of 12330+4600-16930 1s MACP in the pay band 9300-34800 GP4600 w.e.f 01.09.2008

6. Pay as On 01-07-2009 in the grade pay 12840+4600=17440 4600

7. Pay as On 29-04-2010 in the grade pay 12840+4600=17440 4600 Promoted to the post of TGT Natural Science No change in Pay as already granted 1 MACP

8. Pay as On 01-07-2010 in the grade pay 13370+4600-17970 4600

9. Pay as On 01-7-2011 in the grade pay 13910+4600=18510 4600

10. Pay as On 01-07-2012 in the grade pay 14470+4600=19070 4600 [[[[[[[[[[

11. Pay as On 01-07-2013 in the grade pay 15050+4600=19650 4600 12 Pay as On 01-07-2014 in the grade pay 15640+4600=20240 4600 13 Pay as On 01-07-2015 in the grade pay 16250+4600-20850 4600 14 Pay as On 01-01-2016 PAY level-7 Cell-7 53600 15 Pay as On 01-07-2016 PAY level-7 Cell-8 55200 16 Pay as On 07-01-2017Due to Grant of 2nd 55200 MACP and her option to fix her salary on the next date of increment.

17 Pay as On 01-07-2017 PAY level-8 Cell-8 58600 18 Pay as On 01-07-2018 PAYlevel-8 Cell-9 60400 19 Pay as On 01-07-2019 PAY level-8 Cell-10 62200 20 Pay as On 01-07-2020 PAY level-8 Cell-11 64100 21 Pay as On 01-07-2021 PAY level-8 Cell-12 66000”

2.3 Being aggrieved by the said refixation and recovery order, the applicant represented to the Headof the School vide his representation dated 15.9.2021,which was rejected by the respondents on 6.10.2021 (impugned order). Being aggrieved, the applicant has filed the present OA seeking the aforementioned relief.

3. On admission of the OA, notices were issued to the respondents and they have filed their counter affidavit to which the applicant has also filed rejoinder to the same.

4. The learned counsel for the applicant, referring to t