Educational qualification for upgraded pay-scale cannot be waived by limited relaxation; excess salary paid without misrepresentation was not recoverable.

Relaxation for an upgraded librarian pay-scale covered only the prescribed class requirement and did not waive the basic educational qualification. Because the appellant lacked that essential qualification, he was not entitled to the revised scale. The higher salary had been paid due to an administrative interpretation by the Principal, not because of any misrepresentation by the appellant, so recovery of the excess amount was not permitted. The legal effect was denial of the upgraded pay-scale prospectively, while protecting the appellant from retrospective recovery of sums already paid.

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Issues: Whether the appellant, lacking the prescribed educational qualifications for the upgraded librarian pay-scale, could claim the benefit of relaxation, and whether salary already paid in the revised scale could be recovered.

Analysis: The relaxation granted by the Government extended only to the requirement of securing first or second class in the prescribed qualification, and did not waive the basic educational qualification itself. As the appellant did not possess the required qualifications, the benefit of the upgraded scale was not available to him. However, the higher salary had been paid because of an construction by the Principal and not on account of any misrepresentation by the appellant.

Conclusion: The appellant was not entitled to the revised pay-scale, but the amount already paid in the revised scale was not recoverable from him. The appeal succeeded only to that limited extent.

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