UNION OF INDIA Vs. CHANDRA PRAKASH YADAV

JUDGEMENT

(1.) Heard on admission.

(2.) This petition under Article 227 of the Constitution of India is preferred against the part of the order by which the Tribunal has set aside and quashed the action of the petitioners in so far as the recovery of excess payment has been ordered.

(3.) Learned counsel appearing for the Union of India argued in vehemence stating that the respondents employees enjoyed erroneous fixation and higher pay knowing fully that they could not be granted higher pay. He would further submit that subsequently where litigation was brought to the record, interim orders were also passed, but the employees continued to get the payments. He would submit that this conduct on the part of the employees clearly shows that they guilty of misrepresentation, therefore, the principle laid down by the Hon'ble Supreme Court in the case of State of Punjab and Others v. Rafiq Masih (2015) 4 SCC 334 will have no application and the recovery was justified.