RAJAN A.SAMUEL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONERS were provisionally promoted as Junior Assistants in the pay scale of Rs.4400 -7000/ - vide office order dated 7th June, 2000 (Annexure A -1). All the petitioners were granted monetary benefits, except petitioner No. 3. However, the office order dated 7th June, 2000 has been withdrawn vide office order dated 17th March, 2003 (Annexure A5). Admittedly, the petitioners have not been heard before the issuance of order dated 17th March, 2003 (Annexure A -5). They have suffered civil and evil consequences. Petitioners have neither misled nor played any fraud upon the respondents at the time of issuance of office order dated 7th June, 2000 (Annexure A -1).

(2.) THEIR Lordships of the Honble Supreme Court in Syed Abdul Qadir and others versus State of Bihar and others, (2009) 3 SCC 475 have culled out the following principles governing the circumstances in which the excess amount cannot be recovered by the employer: