AHMAD HUSSAIN ANSARI Vs. NORTH BIHAR INDUSTRIAL AREA

JUDGEMENT

(1.) IN this writ petition the petitioners are aggrieved by the order dated 10.6.1997, contained in Annexure 9, whereby and whereunder certain recoveries of the amount paid in excess at the time of earlier revision of pay -scale in the year 1981 have been ordered to be made.

(2.) LEARNED Counsel for the petitioners submits that it is highly inequitable to recover the said amount from the petitioners after lapse of 17 long years even though the said payment was made not on account of any misrepresentation made by them (the petitioners). It is submitted that the Apex Court in the case of Sahib Ram V/s. State of Haryana, reported in 1995 Supp (1) SCC 18, under more or less similar circumstances, restrained the authority from making recovery.

(3.) MR . Bajla, learned Counsel appearing for the respondent Authority submits that in view of the admitted fact that excess payment was made to the petitioners, the authorities are left with no option but to recover the same.