AMIT KUMAR BERIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ petition is to the order Annexure P-1 dated 22/11/2018 whereby an amount of Rs. 81,744/- has been ordered to be recovered from the petitioner. It is said that the said amount was paid to the petitioner on account of certain fixation of pay from 01/07/2013 onwards.

(2.) Facts of the case is that the petitioner is working under the respondents as a Inspector which is a Class-III post. The petitioner is said to have paid certain erroneous fixation of pay from 01/07/2013 to 31/10/2018 and amount of excess payment made as a result of erroneous fixation was of Rs. 81,744/-

(3.) The contention of the petitioner is that he is not at fault for receiving the said erroneous fixation. It was further contention of the petitioner that he has never made any misrepresentation or played fraud for obtaining the said fixation. It was further contented that the petitioner was first made the erroneous fixation of pay 5 years prior to the order of recovery. For all those aforesaid reasons, counsel for the petitioner submits that recovery part thus becomes impermissible under law as has been held by the Supreme Court in the case of "State of Punjab and others etc. vs. Rafiq Masih (White Washer) etc." reported in 2015 AIR SCW 501.