Shyambabu Gupta vs Union Of India (Uoi) And Ors. on 19 October, 1982
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
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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.