ASHA SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE pay of the Petitioner was enhanced. However, the same was withdrawn vide Annexures A -1 and A -2, dated 14.10.2003 and November, 2003. Admittedly the Petitioner has not been heard before the issuance of Annexures A -1 and A -2. 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: