VINOD SINHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners would challenge the impugned action of recovery of the excess amount paid to them by taking recourse to the order passed by this Court in WPS No.5515/2012 (Laxminath Sakariya and Others Vs. State of Chhattisgarh and Another), on 2.3.2017.

(2.) Learned State Counsel would not dispute the propositions of law laid down in the said case. However, it is argued that the said judgment has not referred to the latest Supreme Court decision in the matter of High Court of Punjab and Haryana and Others Vs. Jagdev Singh1.

(3.) The Hon'ble Supreme Court has laid down broad guidelines in respect 1 (2016) 14 SCC 267 of the situations under which the recovery of the amount already paid to an employee would be impermissible in law. The relevant portion of judgment in the matter of State of Punjab Vs. Rafiq Masih2 is reproduced hereunder:-