BRIJ MOHAN Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE petitioner seeks quashing of the order dated 9.6.1998 (Annexure P -1) whereby the benefit of increment has been withdrawn and recovery of the excess amount has been ordered.

(2.) THE defence of the respondents is that the benefit of additional increments was inadvertently given to the petitioner and when this fact came to the notice, the impugned order came to be passed.

(3.) THE controversy regarding recovery has been settled by the Hon'ble Supreme Court in Syed Abdul Qadir and Ors. v. State of Bihar and Ors., 2009(1) SCT 611, relevant portion of which reads as follows: