JANKI RAM JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State of Bihar.

(2.) The dispute in this appeal arises out of the action taken by the respondents for recovery of certain amount from the appellant due to wrong fixation of pay. The order was challenged in the writ petition giving rise to this appeal and the learned single Judge vide judgment dated 10th of January, 2018 impugned herein allowed the claim of the appellant as against the recovery initiated and in view of the law laid down in the case of State of Punjab and Ors. vs. Rafiq Masih and Ors., (2005) 4 SCC 334, it was held that the appellant should not recover the said amount as there was no element of fraud, misrepresentation or otherwise on the part of the appellant in receiving the said amount.

(3.) The learned single Judge, however, came to the conclusion that the re-fixation of pay-scale was valid inasmuch as there was no material so as to establish that the appellant had been rightly granted the pay-scale, on the basis whereof payments had been made.