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august 2012

Supreme Court of India · 2012-08-17

Chandi Prasad Uniyal And Ors vs State Of Uttarakhand And Ors

Citation / case number
AIR 2012 SUPREME COURT 2951
Court
Supreme Court of India
Petitioner
Chandi Prasad Uniyal And Ors
Respondent
State Of Uttarakhand And Ors
Author
K. S. Radhakrishnan
Bench
Dipak Misra, K.S. Radhakrishnan

Judgment text excerpt

The Supreme Court addressed the issue of recovery of over-payment made to teachers due to incorrect fixation of pay scales based on the 5th Pay Commission Report. The Court held that since the over-payment was made due to a bona fide mistake by the District Education Officer and not due to any misrepresentation by the teachers, the recovery of such amounts is not permissible. The Court upheld the High Court's decision to reject the writ petition, emphasizing that beneficiaries cannot retain payments made under a bona fide mistake, as established in Col. B.J. Akkara v. Government of India.

Chandi Prasad Uniyal And Ors vs State Of Uttarakhand And Ors · Niyam