Shaukat Ali vs Union of India (UOI) and Others

B.J. Shethna, J.—Having heard the learned Counsel for the parties, we are of the considered opinion that the learned Central Administrative Tribunal was wholly wrong in holding that, as a matter of fact, it was a misrepresentation on the part of the applicants on the basis of which the respondent Government committed mistake in extending them the benefit steping up of pay.''

It is clear that the petitioners had made only representation to the Government. It was the mistake committed by the Government and not by the petitioners, for which the petitioners cannot be held responsible. The amount so over-paid to the petitioners was of hardly Rs. 200/- per month. Once it was paid to them rightly or wrongly, then in. our considered opinion, it should not have been recovered from them by the Government. Because, for the Government Rs. 200/- would hardly the matter but for the petitioners who are employee Rs. 200/- would be much.

In view of the above discussion, we allow this writ petition only to the extent that the order passed by the Tribunal is set aside to the extent where it has ordered recovery of Rs. 200/- per month from the petitioner. The respondents are permanently restrained from recovering the amount of Rs. 200/- per month paid to the petitioners by way of steping up of pay. If the respondents have recovered amount of Rs. 200/- per month from the petitioners, then the same shall be refunded immediately.