LAWS(KAR)-2011-11-78

SENIOR SUPERINTENDENT OF POST OFFICES, KOLAR DIVISIOU, KOLAR, THE DIRECTOR OF POSTAL SERVICES, S.K. REGION, BANGALORE-560 001. Vs. V. VENKATESH S/O. VENKANAPPA, EDDA, KAMASAMUDRAM B.O, BANGARPET TALUK, PIN - 563 129., V. VENKATARAMANA, S/O. Y. V

Decided On November 03, 2011
Senior Superintendent Of Post Offices, Kolar Divisiou, Kolar, The Director Of Postal Services, S.K. Region, Bangalore -560 001. Appellant
V/S
V. Venkatesh S/O. Venkanappa, Edda, Kamasamudram B.O, Bangarpet Taluk, Pin - 563 129., V. Venkataramana, S/O. Y. V Respondents

JUDGEMENT

(1.) A short question that arises for consideration of this Court in this writ petition is: Whether the petitioners can recover the amount wrongly paid from the respondents?

(2.) THE Central Administrative Tribunal following the judgment of the Hon'ble Supreme Court in the case of Union of India (UOI) and Another Vs. M. Bhaskar and Others, JT (1996) 5 SC 500 set aside the order passed by the petitioners herein to recover the excess amount paid to the respondents herein not on account of fraud or misrepresentation of the respondents herein, but on account of the error committed by the petitioners herein. Accordingly, the applications filed by the respondents were allowed by the Tribunal, Bangalore. This order is called in question in this writ petition,

(3.) ACCORDINGLY , the writ petitions are dismissed on merits.