JAY KRISHNA VERMA Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court whereby the suit of the plaintiff was dismissed while allowing the appeal filed by the defendants.

(2.) THE plaintiff has filed a suit for declaration to the effect that he is entitled to get pay scale of Rs. 2000 -3200 and that the order dated 15.4.1997 reducing his pay scale to Rs. 16450 -2900 and for recovery of excess amount of Rs. 45488/ - is wrong, null and void and against the principles of natural justice.

(3.) LEARNED counsel for the plaintiff -appellant has vehemently argued that the benefit of pay scale of Rs. 2000 -3200 was granted to the plaintiff. The said pay scale was granted not on the basis of any fraud or misrepresentation on the part of the plaintiff -appellant and, therefore, the same cannot be ordered to be recovered from the plaintiff and the learned trial Court rightly set aside the said part of the order passed by the department. He has relied upon the observations made by the Supreme Court in the decisions reported as Sahib Ram v. State of Haryana, 1995(1) Service Cases Today 668 and Union of India v. M. Bhaskar and Ors., 1996(4) Service Cases Today 56. Reference was also made to the directions given in number of judgments delivered by the Division Bench of this Court that if financial benefit has been granted to an employee, not on the basis of fraud or misrepresentation, the same cannot be recovered.