JANARDAN PRASAD SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sujeet Kumar Rai for the Petitioner and perused the record.

(2.) The Petitioner was promoted w.e.f. 1999 though actually in 2006 on the post of Secretary/General Manager, District Co-operative Bank Ltd. in Centralized Services Cadre-B Post, as a result whereof when his pay was fixed in the promoted scale, it got reduced from the actual basic pay which he was receiving in the year 2006. The Respondents consequently passed an order on 10th October, 2007 for recovery of excess amount which the Petitioner has already received before promotion treating it to be an excessive payment.

(3.) It is submitted that firstly the aforesaid payment was not on account of any fraud or misrepresentation and secondly, it was paid to the Petitioner what was actually due to him at that time and merely because he was given promotion from backdate, as a result whereof his basic pay while fixation got reduced, that would not entitle the Respondents to recover the amount treating the payment already made as undue salary received by the Petitioner.