1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2439 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders. Court's or Judge's orders Coram: Smt. Nishita Mhatre, & Shri M. T. Joshi, JJ. Date : 11th August, 2011 Shri S.D. Dhongde, Advocate, for the petitioner. Shri B.N. Patil, Advocate, for the respondent. ----- 1. The Petitioner has challenged the decision of the Administrative Tribunal in Review Application no. 510 of 2008 and in Original Appn. No. 4 of 2007. 2. The respondent-employee had sought a direction against the petitioner to finalise his pension and pay all the arrears of pension together with interest at the rate of 15 per cent per annum. 3. According to the respondent, after he retired on attaining the age of superannuation on 31.7.2005, he was not paid pension . 2 4. The petitioner contended before the Tribunal that the respondent had been paid certain increments wrongly and, therefore, those increments were required to be recovered from the pension payable to the respondent. 5. It is now well settled that the amounts wrongly paid to the employee should not be recovered by the employer/State, when the amounts have been paid in excess due to no fault of the employee. In fact, the Supreme Court in the case of Shyam Babu Verma vs. Union of India, 1994 (2) SCC 521, has directed that the excess amount should not be recovered from the employee since it was not paid due to an act or omission on his part. 6. In our opinion, the decision of the Tribunal is not incorrect and it does not suffer from any infirmities and it deserves to be upheld. Further, the decision in review application is also correct and, therefore, is to be upheld. 7. Hence, the writ petition is dismissed. (M. T. JOSHI, J.) (SMT. NISHITA MHATRE, J.) pnd/wp2035.09