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Sahib Ram vs The State Of Haryana And Others on 19 September, 1994

"27. This Court, in a catena of decisions, has granted relief against recovery of excess payment of emoluments/allowances if (a) the excess amount was not paid on account of any misrepresentation or fraud on the part of the employee and (b) if such excess payment was made by the employer by applying a wrong principle for calculating the pay/allowance or on the basis of a particular interpretation of rule/order, which is subsequently found to be erroneous. The relief against recovery is granted by courts not because of any right in the employees, but in equity, exercising judicial discretion to relieve the employees from the hardship that will be caused if recovery is ordered. But, if in a given case, it is proved that the employee had knowledge that the payment received was in excess of what was due or wrongly paid, or in cases where the error is detected or corrected within a short time of wrong payment, the matter being in the realm of judicial discretion, courts may, on the facts and circumstances of any particular case, order for recovery of the amount paid in excess. See Sahib Ram vs. State of Haryana, 1995 Supp.
Supreme Court of India Cites 0 - Cited by 988 - K Ramaswamy - Full Document

Purshottam Lal Das & Others vs The State Of Bihar & Others on 10 October, 2006

vs. Government of India & Ors. (2006) 11 SCC 709; Purshottam Lal Das & Ors., vs. State of Bihar, [2006] 11 SCC 492; Punjab National Bank & Ors. Vs. Manjeet Singh & Anr., [2006] 8 SCC 647; and Sailesh ranjan 2014.03.10 10:03 Bihar State Electricity Board & Anr. Vs. Bijay Bahadur & Anr., I attest to the accuracy and integrity of this document CWP No.4307 of 2008 -5- [2000] 10 SCC 99.
Supreme Court of India Cites 4 - Cited by 235 - A Pasayat - Full Document

Punjab National Bank And Ors vs Manjeet Singh And Anr on 29 September, 2006

vs. Government of India & Ors. (2006) 11 SCC 709; Purshottam Lal Das & Ors., vs. State of Bihar, [2006] 11 SCC 492; Punjab National Bank & Ors. Vs. Manjeet Singh & Anr., [2006] 8 SCC 647; and Sailesh ranjan 2014.03.10 10:03 Bihar State Electricity Board & Anr. Vs. Bijay Bahadur & Anr., I attest to the accuracy and integrity of this document CWP No.4307 of 2008 -5- [2000] 10 SCC 99.
Supreme Court of India Cites 14 - Cited by 307 - S B Sinha - Full Document
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