OM PRAKASH Vs. AJMER VIDHYUT VITRAN NIGAM LIMITED

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner invoking the extraordinary jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India, seeking judicial intervention for the quashing of the impugned orders dtd. 24/4/2014 (Annexure-06) and 30/6/2015 (Annexure-10), as passed by the respondent authorities, and for a declaration and direction for the refund of the amount of Rs.3,34,566.00 along with interest at the prescribed rate.

(2.) The factual matrix, as discerned from the record, indicates that the petitioner was allegedly overpaid a sum of Rs.3,34,566.00on account of a computational oversight committed by the officers of the respondent department. The petitioner, at all material times, acted in good faith and has not engaged in any act of misrepresentation, concealment, or fraud. The excess disbursement arose solely from administrative lapse and bears no nexus to any deliberate or culpable conduct attributable to the petitioner.

(3.) It is a cardinal principle of equity that no person ought to be unjustly enriched at the expense of another, nor should a person suffer detriment for circumstances beyond their control. In the present matter, having allowed the overpayment to remain undisturbed for several years, the respondents cannot now effect recovery from the petitioner's lawful entitlements, including salary, pension, or other retiral benefits. Any such attempt would be manifestly inequitable, devoid of legal sanction, and would constitute a grave miscarriage of justice.