1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR LETTERS PATENT APPEAL NO. 495/2010 IN WRIT PETITION NO. 358/2010 (D) (Gajanansingh Balkrishna Singh Gour VERSUS The Addl. Commissioner, Nagpur & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.B. Patil, counsel for the appellant. Shri P.D. Kothari, A.G.P. for the respondent no.1. Shri A.Y. Kapgate, counsel for the R-2 & 4. CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ. DATE : JUNE 29 , 2011 . Heard. There is nothing wrong with the orders passed by the authorities seeking recovery of the excess salary and pension paid to the appellant mistakenly, though the appellant had not obtained the B.Ed. Qualification within a period of five years after graduate pay-scale was extended to him. The appellant was granted higher pay-scale from 09.01.1985 on the condition that the appellant should obtain the B.Ed. Qualification within a period of five years. In case, the B.Ed. Qualification was not obtained by the appellant within a period of five years, it was made clear that the appellant would not be entitled to the graduate pay-scale, which was extended to him. Though the appellant had not secured the B.Ed. Qualification within a period of five years from 09.01.1985, mistakenly the respondent no.2 paid the graduate pay-scale to the appellant even after the expiry of 2 five years from 09.01.1985. After realising the mistake, the respondent no.2 sought for the recovery of the excess amount paid to the appellant. The appellant challenged the order before the Additional Commissioner but, the appeal filed by the appellant was dismissed. The learned Single Judge of this Court, by the order dated 30.03.2010, upheld the order passed by the Additional Commissioner. We see nothing wrong with the orders passed by the respondent nos.1 and 2 in seeking the recovery of the excess amount, which was mistakenly paid to the appellant. The authorities rightly found that the appellant was very well aware that the appellant had to secure B.Ed. Qualification within a period of five years from 09.01.1985 or else, the appellant would not have been entitled to higher or graduate pay-scale. Since the appellant had knowledge of the aforesaid fact, it cannot be said that the appellant was bona fide receiving the excess amount, which was paid to the appellant. Even otherwise, the appellant had given an undertaking to the respondent no.2 that in case, any excess amount was paid to the appellant, the appellant would refund it to the respondent no.2. Though it is submitted on behalf of the appellant that this undertaking was furnished at the time of extending the benefits of the 5th Pay Commission to the appellant, the undertaking definitely could have been made operative in the facts of the case. Since the respondent no.2 was inclined to seek the refund of the entire amount in lumpsum, the learned Single Judge, taking a lenient view in the matter, directed the respondent no.2 to recover the excess amount from the appellant in installments. 3 It is informed to this Court by Shri Kapgate, the learned counsel for the respondent no.2, that the respondent no.2 is securing the excess amount from the appellant in installment of Rs.2187/- per month. We find that paying this installment would be a little harsh on the appellant as the appellant is a retired person and, hence, we direct the respondent no.2 to deduct only a sum of Rs.1,000/- (Rupees One Thousand) from the monthly pension of the appellant. The letters patent appeal is disposed of in the aforesaid terms with no order as to costs. JUDGE JUDGE APTE