RAM NAKSHTRA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) The writ petition is directed against the order dated 30.05.2013 passed by Director, Horticulture and Food Processing, U.P., Lucknow pointing out that petitioner's pay w.e.f. 01.01.1996 was wrongly fixed in the same of Rs. 3200-4900 inasmuch as he was earlier in the pay scale of Rs. 950-1500 for which revised pay scale was Rs. 3050-4590, w.e.f. 01.01.1996. The petitioner having been given wrong pay scale and excess salary, the same was liable to be recovered and hence direction has been issued to Deputy Director, Horticulture to recover aforesaid amount.

(2.) It is contended that excess payment cannot be recovered from petitioner since there is no fraud or misrepresentation on his part. He placed reliance on a Division Bench decision of this Court in B.N. Singh Vs. State of U.P. and another, 1979 AllLJ 1184. The other decisions are of Apex Court in Shyam Babu Verma & Anr. Vs. Union of India & Ors., 1994 2 SCC 521, Gabriel Saver Fernandes & Ors. Vs. State of Karnataka & Ors, 1995 Supp1 SCC 149, Mahmood Hasan Vs. State of U.P., 1997 1 JT 353, State of Karnataka & Anr. Vs. Mangalore University Non-Teaching Employees Association & Ors., 2002 3 SCC 302, Purushottam Lal Das & Ors. Vs. State of Bihar & Ors.,2006 10 Scale 1999 and a Full Bench judgment of this Court in Surya Deo Mishra Vs. State of U.P., 2006 1 UPLBEC 399, besides some other judgments of this Court largely following above cited decisions. .

(3.) Some of the authorities cited by learned counsel for the petitioner has been considered by the Apex Court in cases where a different view has been taken. I first propose to refer all these decisions which have come to my notice wherein a view otherwise has been taken and recovery of excess payment from the concerned officials has been upheld since they include a very recent one.