THE STATE OF BIHAR Vs. DUDNATH CHAUDHARY

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 1st of Feb., 2012, whereby the recovery from the salary of the writ petitioner-respondent herein on account of wrong grant of time bound promotion was set aside.

(2.) The writ petitioner-respondent herein was appointed against work charge establishment on 16th of Nov., 1971 and was regularised against higher post with higher pay scale on 29th of Aug., 1983. He was also granted time bound promotion vide order dated 9th of Nov., 1987 with effect from 16th Nov., 1981 on completion of 10 years of service. The writ petitioner was conferred financial benefit on account of time bound promotion. The same was said to be conferred illegally, therefore, a demand was raised to recover a sum of Rs. 2, 21,737/- from the writ petitioner. It is the said recovery which has been set aside by the learned Single Bench by the order impugned in the present Letters Patent Appeal.

(3.) The issue regarding recovery on account of wrong fixation of salary has been examined by the Honourable Supreme Court in a recent judgment in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) and others, reported in (2015) 4 SCC 334 . It has been held that if any payment has been made without any fraud or misrepresentation on the part of the employee, the same cannot be recovered.