B K RAJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A common question that arises in these two petitions is, whether a benefit erroneously granted to an employee can be recovered by the authorities or not ?

(2.) The petitioners were working in Treasury Department. They initially joined as Junior Clerks, came to be promoted as Senior Clerks and then came to be promoted as Deputy Accountants. While they were working as Deputy Accountant, orders came to be passed by their superior granting them deemed date of promotion and further granting the consequential monetary benefits. After some years, suddenly, the respondent-authorities reviewed the situation and came to a conclusion that the benefit of deemed date of promotion was erroneously granted and, therefore, the benefit was withdrawn. The authority also ordered recovery of the monetary gain which the petitioners had got because of grant of deemed date of promotion. Hence, these petitions.

(3.) Heard learned advocate Mr.Upadhyay for the petitioners and learned A.G.P. Mr.Rindani for the respondent-State.