RAKESH VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE pay of the petitioner was revised from '3000- 4500/- to vide Annexure P-1, dated '14300-18150/- 26.10.1998. However, the same has been reduced vide Annexure P-2, dated 29th October, 2001. Admittedly, the petitioner has not been heard before the issuance of Annexure P-2, dated 29th October, 2001. He has suffered civil and evil consequences. THE petitioner has neither misled nor played any fraud upon the respondents at the time of issuance of Annexure P-1, dated 26.10.1998.

(2.) THEIR Lordships of the Hon'ble 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: