- (1.) Heard Sri Shobhit Mohan Shukla, learned counsel for the appellants. The delay has been sufficiently explained and therefore, the delay is condoned.
(2.) This appeal questions the correctness of the judgment dated 10.08.2016 on the ground that even assuming for the sake of argument that the recovery could not have been initiated by the appellant State, in relation to the payment already made after retirement of the employee, yet it was a case of wrong fixation of salary and consequently, the State has a right to rectify the error of fixation which has consequential effects with regard to payment of post retiral benefits as well.
(3.) Learned counsel for the respondent petitioner however submits that even if this is a matter of wrong fixation it could be done within a reasonable time but in the instant case the fixation has been done in the year 1984 whereas the action was sought to be taken when he was about to retire in the year 2003.;