SHIVJI RAM GURJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Registrar of the respondent-University, under an order dated 03.05.1990 allowed the pay-scale of Rs.2200-4000 to the petitioner w.e.f. 30.01.1989 on revision of the pay-scale of Rs.1720-3350 without getting approval from the Government of Rajasthan. A petition for writ being S.B. Civil Writ Petition No.2609/1998, thus, was filed by a person similarly situated viz. Shri M.K. Joshi and that came to disposed of on 16.08.1999, with a direction to the Government to reconsider the matter and till then respondent-University was restrained from making any recovery against amount granted as a revision of pay-scale. The petitioner being a person similarly situated to Shri M.K. Joshi was also enjoying the selection grade. Being apprehending recovery of the amount granted to him as selection grade, he approached the respondents for not effecting any recovery from him for several reasons including that certain other similarly situated persons were also availing the selection grade and no action adverse to them was taken.

(2.) THE petitioner came to be retired from service on 31.07.1993 and no recovery was effected till the issuance of the order dated 12.05.2000 by the Registrar of the University communicating the petitioner about his liability to refund the amount said to be paid in excess as a consequent to revision of pay-scale. The liability was settled by the University on basis of some audit objection.

(3.) FROM examination of the facts available on record, it is apparent that the revision of pay was made by the respondent University at its own, without any misrepresentation on part of the petitioner, as such, no recovery could have been made by the University, in view of the judgment of the Hon'ble Supreme Court in the case of Sahib Ram Vs. State of Haryana and Others, 1995 Supp.(1) SCC 18, wherein it was held that if an employee has not misrepresented the employer and the employer at its own granted some monetary benefit then that cannot be recovered at subsequent stage.