STATE OF RAJASTHAN Vs. RAM NARAYAN

JUDGEMENT

(1.) THE petitioners - State of Rajasthan, Director Secondary Education and District Education Officer, Nagar have filed this petition under Article 226/227 of the Constitution challenging the judgment and order dated 26. 3. 1999 passed by the Rajasthan Civil Services Appellate Tribunal Bench at Jodhpur (for short `the Tribunal') in Appeal No. 200/98.

(2.) THE respondent No. 1 is working as Physical Teacher Grade- III. He was paid advance increment for B. P. Ed. but later on by an order dated 31. 7. 98, the District Education Officer - petitioner no. 3 ordered recovery of the excess amount of Rs. 30/- paid to the respondent No. 1 per month, which would come to about Rs. 2,000/- in all, on the ground that by mistake, the said amount was paid in excess during the last six years. THE same was challenged by the respondent No. 1 by way of appeal no. 200/98 before the learned Tribunal. THE said appeal was allowed by the learned Tribunal relying upon the judgment of the Hon'ble Supreme Court in case of Shyambabu and ors. vs. Union of India (1), wherein the Hon'ble Supreme Court held that if the excess amount is paid without any fault of the person, then the same cannot be later on recovered from him.

(3.) IN this case, the impugned order at Annex. 1 is bases upon the judgment of Hon'ble Supreme Court in case of Shyam Babu (supra ). IN view of the above, it cannot be said that the learned Tribunal has committed any error which calls for interference by this Court under Article 227 of the Constitution.