COMMISSIONER OF PUBLIC INSTRUCTIONS Vs. D A NADIGAR

JUDGEMENT

(1.) This appeal is preferred against the order passed by the learned single Judge who has set aside the endorsement issued, where an order of recovery of the amount which was not liable to be paid to the respondents was issued.

(2.) The facts in brief are as under : -

(3.) The learned Government Advocate assailing the impugned order contends that in view of the law declared by the Apex Court recently in the case of CHANDI PRASAD UNIYAL vs STATE OF UTTARAKHAND AND OTHERS, 2012 8 SCC 417] the order passed by the learned single Judge is illegal and requires to be set aside.