STATE OF PUNJAB Vs. RAFIQ MASIH

JUDGEMENT

(1.) These batch of matters are placed before us for authoritative pronouncement on the apparent difference of opinion expressed on one hand in the cases of Shyam Babu Verma and Ors. v. Union of India & Ors, 1994 2 SCC 521 and Sahib Ram Verma v. State of Haryana, 1995 Supp1 SCC 18 and on the other hand, in Chandi Prasad Uniyal and Ors. v. State of Uttarakhand & Ors, 2012 8 SCC 417. The order of reference made by this Court reads as under :

(2.) The issue in this matter pertains to the recovery of excess money from the pensionary benefit of the respondent-white washer, on account of a wrong fixation of pay by the Petitioner No. 4- The Executive Engineer. The respondent approached the High Court by filing a writ petition. The question of law for consideration before the High Court was: whether the Government is entitled to recover from an employee any payment made in excess of what the employee is otherwise entitled to, in the absence of any fraud or misrepresentation on the part of the employee. The High Court relies on a Full Bench decision, and directed not to recover the excess amount from the respondent.

(3.) We have heard Shri L.N. Rao, learned Additional Solicitor General and the learned counsel for the respondents.