Yogeshwar Prasad & Ors vs National Inst.,Edu.Planning & ... on 21 October, 2010
3.Learned counsel for the petitioner submitted that the petitioner is eligible for third financial up gradation under MACP Scheme, on completion of 30 years of continuous service from the date of initial appointment. However, by the proceedings dated 24.10.2014, the fourth respondent has withdrawn the third financial up gradation given under MACP Scheme and initiated recovery proceedings against the petitioner. Learned counsel further submitted that while the stay of recovery proceedings was in operation, the petitioner retired from service on attaining the age of superannuation on 31.07.2016. Learned counsel also placed reliance on a decision of the Hon'ble Supreme Court in the case of Yogeshwar Prasad and others v. National Institute of Education Planning and Administration and others [(2010) 14 SCC 323], wherein, it has been held that grant of higher pay scale should not be recovered, unless it was a case of misrepresentation or fraud.