LAWS(MANIP)-2015-2-2

THE STATE OF MANIPUR AND ORS. Vs. SINAM ONGBI SUSHILA DEVI

Decided On February 03, 2015
The State Of Manipur And Ors. Appellant
V/S
Sinam Ongbi Sushila Devi Respondents

JUDGEMENT

(1.) HEARD Smt. Th. Sobhana, learned Government Advocate appearing for the appellants and Shri H. Ishwarlal, learned Advocate appearing for the respondent.

(2.) THE writ appeal is directed against the judgment and order dated 06 -03 -2013 passed by the learned Single Judge in W.P. (C) No. 169 of 2007 by which the learned Single Judge had allowed the writ petition.

(3.) IN the counter affidavit filed on behalf of the appellant/respondents No. 1 to 4, the deduction as alleged by the respondent/petitioner to be unreasonable and illegal, is not denied. All that the appellant/respondents No. 1 to 4 stated, was that the said amount of Rs. 1,00,368/ - that was deducted by way of recovery was the excess payment of pay and allowances made to the respondent's husband for the period from 01 -01 -1996 to 31 -12 -2003 due to wrong fixation of pay. The other amount of Rs. 23,254/ - was voluntarily refunded by her husband towards overpayment of pay & allowances for the month of January & February, 2004.