SHARDA NIGAM Vs. DAULAT RAM COLLEGE

JUDGEMENT

(1.) Daulat Ram College (hereinafter referred to as the "College"), who is the respondent herein, was the plaintiff in the suit filed by it against the appellant for recovery of Rs.3,13,016/- on the ground that while implementing the recommendations of the 5th Central Pay Commission, the pay of the appellant was wrongly fixed as a result whereof she was given excess salary than the salary which should have been paid on proper fixation. In this manner, it was stated in the plaint that a sum of Rs.2,24,926/- was over paid and claiming interest @ 24% p.a. thereupon the suit for recovery of Rs.3,13,016/- was filed.

(2.) It is not necessary to state the fact of the matter in detail. Suffice is to note that the appellant was working as the Reader in the Department of Political Science of the College, from where she had retired on 31.7.1995. Without any break and with effect from 1.8.1995, she was re-employed for a period of five years as per the Rules and Regulations contained in Statutes and Ordinances of the University of Delhi. The 5th Central Pay Commission, which was constituted by the Central Government to undertake the exercise of revision of pay of the Central Government employees, submitted its report which was accepted by the Government with certain modifications with effect from 1.1.1996. University Grants Commission also decided to extend the benefit of these revisions as suggested by the 5th Pay Commission to the teachers of the Central Universities.

(3.) We proceed on the basis that the basic pay of the appellant initially was wrongly fixed as Rs.14,960/- whereas it should have been Rs.13,260/- and that she was over paid a sum of Rs.2,24,926/-. The only question is that if the College of its own committed the error in fixing the pay, is it permissible for the College to seek refund of the amount already paid. The appellant had contended in this behalf that the Supreme Court had laid down the principle of law in a number of cases to the effect that in these circumstances payment already made cannot be recovered though wrong can be rectified and the correct salary, at reduced rate, can be given for future period. We find that all these judgments are discussed by the learned trial court in the impugned judgment.