UNION OF INDIA Vs. ANAND KUMAR

JUDGEMENT

(1.) By means of the instant writ petition, the Union of India has approached this Court challenging the judgment and order dtd. 27/9/2022 passed by the Central Administrative Tribunal, allowing an original application filed by the respondent and setting aside an order dtd. 17/6/2021 by which recovery of an amount of Rs.7,54,014.00 only was ordered to be made from the gratuity payable to the respondent. The order dtd. 17/6/2021 mentions that the respondent had been transferred on 29/7/2008 as per his own request and his salary had erroneously been fixed at Rs.72,100.00 in place of Rs.66,000.00. The salary paid in excess consequent to a wrong fixation made in the year 2008, has been sought to be recovered from the respondent by means of the order dtd. 17/6/2021.

(2.) The respondent has retired on attaining the age of superannuation on 30/6/2021 and the order dtd. 17/6/2021 was passed when the respondent was on the verge of his retirement.

(3.) The learned counsel for the appellant has placed before this Court a decision of the Hon'ble Supreme Court in the case of Chandi Prasad Uniyal v. State of Uttrakhand, (2012) 8 SCC 417, wherein the Hon'ble Supreme Court has held that except few instances pointed out in Syed Abdul Qadir v. State of Bihar, (2009) 3 SCC 475 and Col. B.J. Akkara (retd.) v. Government of India and Ors., (2006) 11 SCC 709, the excess payment made due to wrong/ irregular pay fixation can always be recovered.