PREM CHANDRA MISHRA Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF RAILWAY, NEW DELHI AND OTHERS

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Counsel.

(2.) THE challenge is to the order whereby a recovery of Rs. 57138/- is sought to be made being excess salary paid to the petitioner after he attained the age of superannuation on 30.6.2008. Learned counsel contends that the petitioner had worked and he had not been served with any retirement memo, therefore, there is no fault on the part of the petitioner and, as such, the recovery cannot be made.

(3.) LEARNED counsel contends that if that is so then the amount which is sought to be recovered, may be adjusted and he may be paid retiral benefits for which the petitioner is entitled in accordance with law.