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Judgment
The petitioner was appointed as Typist in the year 1964. He was posted as Junior Assistant on 01.09.1972 on transfer of service. He was promoted as Assistant on 12.05.1977 and on 18.01.1988 he was further promoted as Extension Officer. On 22.11.1995, he was promoted as Deputy Block Development Officer. Ultimately, on 11.06.1997, he was promoted as Block Development Officer. He also got further promotion as Assistant Project Officer. He retired from service on 31.05.2001 as Assistant project Officer on reaching the age of superannuation.
While so, the impugned order dated 10.06.2002 was passed by the first respondent stating that there was wrong fixation of pay, while he was worked as Extension Officer in the year 1988. The impugned order was passed after 14 years of the alleged wrong fixation. It has been well settled by various decisions that if the wrong fixation was not made due to any misrepresentation by the petitioner, the respondent could not recover the alleged excess payment. The decision relied on by the learned counsel for the petitioner, Sahib Ram vs. State of Haryana and others (1955 Supp (1) SCC 18 ) squarely applies to the facts of this case. Hence, the impugned order is quashed. Accordingly, the writ petition is disposed of. No costs.