SUBAL CHANDRA DAS. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit of service filed in Court today be kept on record.

(2.) Learned Counsel for the State submitted that the orders passed by the Hon'ble Apex Court in Shyam Babu Verma (supra) and Syed Abdul Qadir (supra) were under Article 142 of the Constitution and did not amount to declaration of law under article 141 of the Constitution. According to her, the law is as declared by the Hon'ble Apex Court in Chandi Prasad Uniyal-vs.-State of Uttarakhand , (2012) 8 SCC 417, which is to the effect that except in few instances pointed out in Syed Abdul Qadir (supra) and in Col. B. J. Akkara-vs.-Govt. of India , (2006) 11 SCC 709, excess payment made due to wrong/irregular pay fixation can always be recovered. She further relied on a decision of the Hon'ble Apex Court dated 29 July, 2016 delivered in Civil Appeal No. 3500 of 2006 (High Court of Punjab & Haryana-vs.-Jagdev Singh ) in support of her submission that if at the time of taking benefit of a revised higher pay scale or at the time of applying for pensionary benefits the concerned employee/officer gives an undertaking/declaration that he would be liable to refund any excess payment made to him, he would be bound by such undertaking/declaration. As and when the excess payment is detected by the employer-State the same can be recovered from the concerned employee and the same can be deducted from the pensionary benefits released in favour of a superannuating employee if such excess payment is detected prior to releasing such benefits. She submitted that in the present case, at the time of opting for revised pay scale, the petitioner signed a declaration to the effect that the payment of the monthly bills and arrear bills drawn in the revised scale of pay are 'provisional' and are subject to subsequent adjustment and that the over-drawn benefits, if any, in this regard could be recovered forthwith from his salary bill. She submitted that the petitioner is bound by such declaration and is not entitled to claim payment of the amount deducted from the Pension Payment Order on account of over-drawal.

(3.) I have considered the rival contentions of the parties.