MUNDRIKA DEVI Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) PAYMENTS made by mistake to an employee of the respondent -Board, while he was in employment, can be recovered or not was the question gone in by a Full Bench of this court in the case of Ram Binod Singh V/s. Bihar State Electricity Board, reported in 2007(3) P.L.J.R. 398. The Bench held that if such mistake has been caused by reason of active participation of the employee in question, then of course, recovery can be made. In relation to other mistakes, the Court made two separate categories, one ministerial mistakes and the other, mistakes committed on mistaken notion. The court held that mistakes committed at ministerial level, i.e., mistakes apparent from the face of the records, can at any point of time may be corrected and accordingly, recovery can be directed. In relation to mistakes committed on mistaken notion, i.e., by mistaken appreciation of facts and laws, the Court observed at paragraph -26 of the reported judgment as follows: ''

(2.) AS noted by the Bench in Madan Mohan Prasad, reported in 2001(2) P.L.J.R. 58, a Division Bench held that excess payment due to mistake in pay fixation/grant of increment or the like leading to wrong calculation of salary of the employees can be recovered from the retiral or other dues and the recovery cannot be resisted on the ground that there was no fraud or misrepresentation on the part of the concerned employee.

(3.) AS we are bound by the judgment rendered by the Full Bench of this court and inasmuch as the decision of the Full Bench, as quoted above, squarely applies to the present case, we have no other option but to allow the appeal and set aside the judgment and order under appeal, which we do hereby, and at the same time allow the writ petition by directing the Board to fix the retiral/terminal dues of the appellant, without taking note of the contention of the Board, as contained in its order dated 3rd April, 2000, which admittedly came into play subsequent to superannuation of the appellant.