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august 2013

Supreme Court of India · 2013-08-27

Union Of India & Ors vs Bhanwar Lal Mundan

Citation / case number
AIR 2014 SUPREME COURT 776
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
Bhanwar Lal Mundan
Author
Dipak Misra
Bench
Dipak Misra, Anil R. Dave

Judgment text excerpt

The Supreme Court upheld the decision of the Rajasthan High Court affirming the Central Administrative Tribunal's ruling that quashed the order of pay refixation for the respondent, who had been erroneously given excess pay due to a miscalculation during his service. The Court emphasized that the fixation of pension should be based on the last drawn pay, as supported by precedents in Inder Pal Yadav and others v. Union of India and others and others. The Court held that the authorities could not recover the excess amount paid without a legal basis, thus ensuring the respondent's entitlement to the benefits accrued from his actual pay prior to retirement.

Union Of India & Ors vs Bhanwar Lal Mundan · Niyam