Law:

Section:

Civil service----Liability of Government employee to whom money is paid by mistake to return the same--- Scope--- Excess salary/payment given to Government employee due to irregularity in pay fixation---Recovery of excess money paid--- Unjust enrichment---Scope---Government employees were paid excess salary due to wrong pay fixation by the concerned authority---Question was whether the employees could retain the excess amount received by them in the absence of any misrepresentation or fraud on their part---Excess payment was made from public money/tax payer's money, which neither belonged to officers who had effected over-payment nor to the recipients/ employees---Any amount paid/received without authority of law could always be recovered barring few exceptions of hardships, but not as a matter of right---Law implied an obligation on the payee to repay the money in such a situation, otherwise it would amount to unjust enrichment---No principle existed which limited recovery of excess paid public money only to cases of fraud or misrepresentation on part of the recipients---Except few exceptions excess payment made due to wrong/irregular pay fixation could always be recovered---Even otherwise there was a stipulation in the pay fixation order of employees that in the condition of irregular/wrong pay fixation, the institution in which the employees were working would be responsible for recovery of amount received in excess of their salary---Appeal was dismissed accordingly. Shyam Babu Verma v. Union of India (1994) 2 SCC 521; State of Bihar v. Pandey Jagdishwar Prasad (2009) 3 SCC 117 : (2009 AIR SCW 595); Yogeshwar Prasad and others v. National Institute of Education Planning and Administration and others (2010) 14 SCC 323 : (2010 AIR SCW 7136) and Col. B.J. Akkara (Retd.) v. Government of India and others (2006) 11 SCC 709 : (2006 AIR SCW 5252) ref. Sahib Ram v. State of Haryana 1995 Supp (1) SCC 18 : (1995 AIR SCW 1780) and Syed Abdul Qadir and others v. State of Bihar and others (2009) 3 SCC 475 : (2009 AIR SCW 1871) distinguished. JUDGMENT K. S. RADHAKRISHNAN, J.---Leave granted. 2. The question that arises for consider­ation in this appeal is whether…

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