Chandi Prasad Uniyal And Ors vs State Of Uttarakhand And Ors on 17 August, 2012
“6. It requires to be pointed out here that the aforesaid decision
passed by the Two Judges Bench of the Hon'ble Supreme Court of India,
relied by the learned Counsel for the Petitioner, is a consequential order
13/25
https://www.mhc.tn.gov.in/judis
WP(MD)Nos.6689 of 2020, etc., batch
to the earlier order passed by a Three Judges Bench of the Hon'ble
Supreme Court of India in the same case in State of Punjab v. Rafiq
Masih (White Washer) [(2014) 8 SCC 883), in which it has been ruled
that there is no principle that any excess payment to employees could
not be recovered and the earlier decisions in Registrar of Co-operative
Societies, Haryana v. Israil Khan [(2010) 1 SCC 440] and Chandi
Prasad Uniyal v. State of Uttarakhand [(2012) 8 SCC 417), supporting
that view have been approved. It has also been explained therein that
directions issued by the Hon'ble Apex Court in the exercise of powers
under Article 142 of the Constitution, relaxing the application of law,
was in view of the peculiar circumstances which do not comprise
the ratio decidendi and therefore, do not make binding precedent.