JUDGMENT 1. - The instant petition has been filed by the widow of the deceased Ram Kumar Sharma who was holding are the post of Principal. It appears from the order dated 03.01.2005 (Annexure-1) that his pay scale was revised detrimental to his interest and was further ordered to make-recovery in regard to alleged excess payment made. Since the retiral dues were determined by the respondent after passing of the order impugned (Annexure-1) and her husband died on 10.05.2005 as such the amount has been adjusted from the retiral dues and recovery was made from the retiral dues as evident from family pension vide order dated 12.09.2005 (Annexure-2) and in terms of revised pay scale from gratuity payment vide order on 12.09.2005 recovery was made which was alleged to be outstanding. 2. It has been jointly stated before the Court that revision to pay scale of several of the persons who were similarly situated came up for consideration before the Court and finally the review petitions were decided by the Division Bench in terms of following consent order : "(1) That the pay which was drawn by the employees in the capacity of Vice-Principal In the pay scale of Rs. 8000-13500/- shall be protected as personal pay to them and no recovery of the amount paid to them would be made. The amount, if recovered, shall be refunded. (2) That the pay of Principal which was drawn by them on fixation, prior to passing of the impugned order dated 07.08.98, shall be protected and there shall be no reduction in their salary." 3. Counsel for the petitioner submits that the pay scale in which her husband was last working has been protected as personal pay and no recovery of the amount is payable and what has been recovered is also required to be refunded to her. 4. Counsel for the respondent is unable to controvert and distinguish the order passed by the Division Bench In D.B. Civil Review Petition No. 09705/2010. 5.
4. Counsel for the respondent is unable to controvert and distinguish the order passed by the Division Bench In D.B. Civil Review Petition No. 09705/2010. 5. Consequently, in the light of observation made by the Division Bench of the Court in review petition (supra) the pay of the petitioner's husband which was drawn by him on fixation prior to passing of the order impugned dated 07.08.1998 shall be protected and there shall be no deduction from his salary and what has been recovered as evident from the family pension payment and gratuity of payment orders (Annexures-2 & 3) the same shall also be refunded to her and in terms of what has been observed if it requires for revision in the family pension and gratuity payment order the same shall also be paid to her by the respondent. The respondent shall ensure compliance of the order within three months. No costs.Writ Petition Disposed of as Above. *******