KANHIYA LAL Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) With the consent of the parties the matter is finally heard.

(2.) The short question involved is whether the Govt, is entitled to recover back the amount of increments paid during suspension to the appellant in the light of a Division Bench Judgment of this Court on its reversal by the Supreme Court. The learned counsel for the appellant submits that the Supreme Court decision does not contain any direction enabling the State Govt. to realise the amounts paid by it voluntarily to all similarly situated employees on the basis of the Division Bench decision of this Court in Kan Singh's case. The learned Single Judge has held that the amount paid on the basis of the prevalent view of the High Court could be recovered on the reversal of the view by the Supreme Court. We are in perfect agreement with the view taken by the learned Single Judge. The amount was paid because the current judicial view then was that a suspended employee was entitled to additional allowance or increments during the period of, suspension. When that view was reversed by the Supreme Court on an S.L.P. filed against the Judgment in Kansingh's case the State Govt. was entitled to recover back the amounts paid under the earlier view of law. We, therefore, find no force in this appeal. It is dismissed without any order as to costs.

(3.) The learned counsel submitted that the appellant is under suspension since 1989 and from the paltry amount he gets as subsistence allowance, if the entire recovery of . arrears is made in a lump-sum, he shah' be put to hardship. We, therefore, direct the Secretary Finance Department, Rajasthan to consider the request of fixing suitable. easy instalments for recovery of the amount looking to the financial difficulties of the appellant. Special Appeal Dismissed.