MARY MOHANRAJ W/O G. MOHANRAJ Vs. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF EDUCATION M.S. BUILDING BANGALORE-560 001 AND OTHERS

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner.

(2.) THE learned Government Pleader seeks time to file statement of objections. However, the Petition is considered for final disposal having regard to the facts and circumstances.

(3.) FROM the above facts and circumstances, the petitioner having been paid a particular salary by virtue of orders passed by the Government and the petitioner having received the same, not account of any fraud played by her nor by misrepresentation, but the same having been paid pursuant to a direction by the Government and the same being sought to be recovered on the footing that she was not entitled to such higher pay scale would not enable the respondents to recover the salary which was already paid. This legal position is well settled having regard to a catena of decisions which have been consistently followed by this Court.