Air India Corporation vs Richard Rashid Khan on 16 December, 1981
L.R. 81; and Ramcharitra Sharma v. Union of India 1977 Lab I.C. 174 (Pat).
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1 - 2 of 2 (0.30 seconds)Lalchand vs U.O.I. And Ors. on 20 January, 1993
2. Mr. Upadhyay, learned Counsel for the appellant has submitted that the appellant has retired and has also expired. He has also submitted that determination of seniority if any error was committed, it was committed by the authority concerned and the appellant did not induce the authority to fix his seniority at a particular date and, therefore, if any advantage has been conferred on him on account of the wrong fixation made in pursuance of wrong determination of seniority then he is not at all at fault and therefore, no recovery could be made from him of the excess amount paid to him specially because now the petitioner has not only retired but has also expired on 18.12.1992; In this respect he has placed reliance on the decision of the learned Single Judge of this Court rendered in Ramchandra Sharma v. Union of India reported in 1980 WLN (UC) 507 where the learned Single Judge relied upon certain observations made in the case of State of Punjab v. Balbir Singh in 1976(1) SLR-36 wherein their lordships of the Supreme Court observed that justice requires that the Government should not claim any refund of any part of the salary paid to the respondents until today. Partly in view of their understanding and partly because of the requirement of justice, we direct the Government not to do so. The learned Single Judge while relying on the said authority held that when the petitioner was not at fault in the matter of fixation of the seniority and did not mislead or defraud authorities and if the wrong fixation was done on the basis of wrong fixation of seniority the benefit that has been conferred on the petitioner cannot be allowed to be withdrawn. We entirely agree with the observations of the learned Single Judge which are based on the decision of the their lordships of the Supreme Court rendered in State of Pun.
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