CHANDI PRASAD UNIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Leave granted.

(2.) The question that arises for consideration in this appeal is whether over-payment of amount due to wrong fixation of 5th and 6th pay scale of teachers/principals based on the 5th Pay Commission Report could be recovered from the recipients who are serving as teachers. The Division Bench of the High Court rejected the writ petition filed by the appellants and took the view that since payments were effected due to a mistake committed by the District Education Officer, the same could be recovered. Aggrieved by the said judgment, this appeal has been preferred.

(3.) Shri Shivam Sharma, learned counsel appearing for the appellants, fairly submitted that the payments were effected due to a mistake but not due to any misrepresentation or fraud committed by the appellants and hence the decision taken to recover the amount is not legal. For establishing his contention, reliance was placed on several judgments of this Court like Shyam Babu Verma v. Union of India, 1994 2 SCC 521, Sahib Ram v. State of Haryana, 1995 Supp1 SCC 18, State of Bihar v. Pandey Jagdishwar Prasad, 2009 3 SCC 117 and Yogeshwar Prasad and Ors v. National Institute of Education Planning and Administration and Ors., 2010 14 SCC 323.