(1.) THE pay of the Petitioner was enhanced. However, the same was withdrawn vide order dated 16.02.2002 (Annexure A -1). Admittedly the Petitioner has not been heard before the issuance of Annexure A -1. He has been visited with civil and evil consequences. His pay has been reduced. The Petitioner has neither misled nor played any fraud upon the Respondents at the time of granting him 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: