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excess payment was made to the petitioner during the tenure of his service due to his wrong pay fixation.

It is not a case where the State Government alleges that such refixation of salary of the petitioner at a higher slab was made due to fraudulent misrepresentation made by the petitioner. As such, this Court holds that the petitioner was not at fault in the process of refixation of his pay scale during the tenure of his service.

Thus, this Court by relying on the aforesaid decision of the Hon'ble Supreme Court holds that if any amount is found to have been paid to the petitioner in excess of his entitlement during the tenure of his service due to wrong pay fixation by the concerned respondents, the said respondents are neither entitled to adjust such overdrawal amount against the retiral benefits of the petitioner nor the said overdrawal amount can be realised from the retiral benefits of the petitioner.

Re: Payment of Pensionary Relief This Court is of the view that though in view of the decision of the Hon'ble Supreme Court in the case of Shyambabu Varma Vs. Union of India & Ors. (supra), recovery of the excess payment made to the petitioner due to wrong pay fixation by the concerned authority in which the petitioner had no fraudulent role to play, is not permissible after his retirement out of his retiral dues, but the Hon'ble Supreme Court in the said decision has not held that the concerned authority is required to go on paying the current pensionary relief on the basis of the last drawn salary which was not admissible to him as per the law.