SPECIAL APPEAL No. 39 of 2022 at Lucknow

Neutral Citation No. - 2025:AHC-LKO:45134-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 39 of 2022 Appellant :- Nagar Nigam, Lko. Through Its Nagar Aayukt And Another Respondent :- Surya Prashad Shukla Counsel for Appellant :- Krishna Kumar Pandey Counsel for Respondent :- Ghaus Beg,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Having heard learned counsel for the appellant and learned counsel for the respondent and having gone thorough the records including the impugned judgment what comes out is that, according to the appellant, some excess salary was paid at the time of its revision wayback in September, 2009 and it continued to be paid till the retirement of the respondent on 30.11.2019. It is not the case of the appellant that at any time before making the payment of excess salary, as claimed, any undertaking was taken in 2009 or prior to it that he will refund any excess salary paid to him, therefore, in view of the decision of Hon'ble the Supreme Court reported in (2016) 14 SCC 267; High Court of Punjab and Haryana and others vs. Jagdev Singh wherein an exception has been carved out to the application of the law declared by Hon'ble the Supreme Court in the case of Stat