DEVENDRA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties as with regard to the following relief prayed in this writ application:--

(2.) This Court in fact does not find any error in the decision either reverting the petitioner back to his parent post of Matric trained teacher or recovering the excess amount drawn by the petitioner as B.A. trained teacher, inasmuch as, the degree of Sahitya Alankar will not qualify for promotion on the post of B.A. trained teacher as has been decided by a Division Bench of this Court in its order dated 27.11.2012 passed in C.W.J.C. No. 13836 of 2012 Muralidhar Singh & Ors v. State of Bihar & Ors, 2012 4 PLJR 368wherein, it has been held as follows:--

(3.) By now it is also well settled that if a person is not entitled to financial benefit, such amount cannot be retained only on the ground that there is no fraud or misrepresentation on the part of the petitioner. The issue with regard to the payment of excess amount and its recovery was gone into at length by the Apex Court in the case of in the case of Chandi Prasad Uniyal & Ors. v. State of Uttarakhand & Ors., 2012 8 SCC 417wherein after considering all the earlier judgments including the case of Syed Abdul Quadir v. State of Bihar, 2009 3 SCC 475 it was held as follows:--