BHANMATI @ MANMATI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Initially, the present petition was filed by Shri Ramashankar Mishra (since deceased, and is now being represented by his legal heirs) challenging the order dated 25.4.1998 (Annexure-2 to the writ petition), passed by the respondents thereby issuing direction to deduct excess amount paid from the post retirement benefits and further to direct Respondents to release all standing post retirement dues. Perusal of the record reveals that Shri Ramashankar Mishra, Assistant Storekeeper was paid salary w.e.f. 16.7.1979 to 18.7.1993 with Hindi Noting and Drafting Allowances. In the year 1998, it was found that the petitioner, Ramashanker Mishra had not passed the examination for Hindi Noting and Draftings. Therefore, excess payments made from 16.7.1979 to 18.7.1993 was directed to be deducted from his pension.

(2.) Hon'ble Apex Court in the case of Syed Abdul Qadir and Others vs. State of Bihar and Others, 2009 3 SCC 475 has ruled that if excess amount was paid by the department to the employee by wrong fixation of pay or by wrongly placing reliance on the orders, rules or regulations without there being any role or fraud representation on the part of the employee and mistake of excess payment is not noticed at the earliest, the same should not be recovered from the employee.

(3.) Neither there is any material available on the record nor impugned order suggests that petitioner has ever played any role, fraud or misrepresentation in getting the allowances fixed and paid, which were not payable to the petitioner. Moreover, the mistake is on the part of the Board in making excess payment for the period from 16.7.1979 to 18.7.1993, which was ordered to be deducted in the year 1998. In view of the above discussions, the present writ petition is allowed and the impugned order is quashed.