issue further came up for judicial consideration in the case of
Chandi Prasad Uniyal and Others Vs. State of Uttarakhand and Others. ,
reported ... irregular or wrong fixation
of pay would be recovered. In Chandi Prasad Uniyal and Others (Supra) the
bench was not convinced that the Supreme Court
following the decision of the Supreme Court in the case of
Chandi Prasad Uniyal and Ors. vs. State of Uttarakhand and Ors. , reported ... decision of the Supreme Court in the case of Chandi
Prasad Uniyal and Ors. vs. State of Uttarakhand and Ors. , reported
Delhi Municipal
Council v. Pan Singh ), and (2012) 8 SCC 417 ( Chandi Prasad Uniyal v. State of
Uttarakhand ) were cited by Mr. Goswami in support ... civil suit.
10. The ratio decidendi of the decision in Chandi Prasad Uniyal (supra) was sought to
be distinguished by Mr. Mukherjee by referring
invited attention to judgment of Hon'ble Apex Court in Chandi Prasad
Uniyal & Ors. v. State of Uttarakhand, Civil Appeal ... State of Haryana, 1995 Supp(1) SCC 18 and Chandi Prasad
Uniyal & Ors. v. State of Uttarakhand, Civil Appeal No. 5899 of 2012,
decided
Thangappan reported in ( 2006) 4 SCC 322 and Chandi
Prasad Uniyal Vs. State of Uttarakhand reported in (2012) 8 SCC 417.
Counsel places emphasis ... employers would not be
permissible. Counsel urges that paragraph 14 of Chandi Prasad Uniyal Vs.
State of Uttarakhand has been explained in a decision
relied on
the decision of the apex Court in Chandi Prasad Uniyal and
others v. State of Uttarkhand and others ... years.
9. The opposite party no.3 has relied on Chandi Prasad
Uniyal (supra) wherein the apex Court has held that any amount
paid/ received
relied upon observations
made by Hon'ble Apex Court in Chandi Prasad Uniyal v. State of
RSA No.106/2017 Page ... other hand in Chandi Prasad Uniyal v. State of Uttarakhand [Chandi
Prasad Uniyal v. State of Uttarakhand
Supreme Court in the case
reported as ( 2012) 8 SCC 417 Chandi Prasad Uniyal & Ors v. State of
Uttarakhand & Ors to contend that ... Court had relied upon the judgment of the
Supreme Court in Chandi Prasad Uniyal & Ors (supra), justifying the
recovery by the employer. He also
invited attention to judgment of Hon'ble Apex Court in Chandi Prasad
Uniyal & Ors. v. State of Uttarakhand, Civil Appeal ... State of Haryana, 1995 Supp(1) SCC 18 and Chandi Prasad
Uniyal & Ors. v. State of Uttarakhand, Civil Appeal No. 5899 of 2012,
decided
invited attention to judgment of Hon'ble Apex Court in Chandi Prasad
Uniyal & Ors. v. State of Uttarakhand, Civil Appeal ... State of Haryana, 1995 Supp(1) SCC 18 and Chandi Prasad
Uniyal & Ors. v. State of Uttarakhand, Civil Appeal No. 5899 of 2012,
decided