D.B.Civil Special Appeal No.754/2008 Ajmer Vidhyut Vitran Nigam Ltd. & ors. V/s Kanhaiya Lal Sen 21.8.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Sangeet Lodha Mr.Kuldeep Mathur for the appellants. Heard learned counsel for the appellants. Perused the order impugned. The writ application was allowed and the order of recovery to be effected against the writ-petitioner was set aside. The learned Single Judge of this Court, on noticing the necessary facts that there was no misrepresentation nor the writ petitioner had played any fraud in getting the fixation of pay scale, held that the employer cannot recover the amount already paid to him, in view of the ratio laid down by the apex court in the case of Shyam Babu Verma & others V/s Union of India and others reported in (1994) 2 SCC 521. The judgment rendered by the apex court in the case of Shyam Babu Verma (supra) squarely covers the issue and thus, the learned Single Judge of this Court has not committed any jurisdictional error. This appeal accordingly is dismissed. (Sangeet Lodha)J. (Narayan Roy)CJ Parmar