SHAUKAT ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) 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 stepping up of pay.

(2.) 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.