NEENA Vs. STATE OF H.P. AND ORS.

JUDGEMENT

(1.) THE pay of the Petitioner was enhanced vide Annexure A -1, dated 23.05.2003. However, the same was withdrawn vide Annexure A -2, dated 22.10.2003. Admittedly, the Petitioner has not been heard before the issuance of A -2, dated 22.10.2003. She has been visited with civil and evil consequences. Her pay has been reduced. The Petitioner has neither misled nor played any fraud upon the Respondents at the time of granting her revised/enhanced pay.

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

(3.) HOWEVER , liberty is reserved to the Respondents to proceed with the matter in accordance with law. The petition stands disposed of. No costs.