IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12114 of 2008 THE UNION OF INDIA & ORS Versus FAKHRUDDIN ----------- For the petitioners : Mr. Hemendra Prasad Singh, Advocate ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 04th September, 2008 Heard. 2. The Tribunal in paragraph 9 of the judgment considered the matter thus: “In the instant case, the respondents, of course, have alleged that by mistake, the applicant’s pay have wrongly been fixed in the year 1984 which has been rectified vide letter dated 26.5.2005, but there is nothing on record to show that the excess payment was made to the applicant. No notice either was given to the applicant to provide him an opportunity in this regard. Therefore, it is difficult for this Tribunal to hold that the applicant’s pay was wrongly fixed in the year 1984. Thus, the respondents are not entitled to recover the amount of Rs.59,273/-. So far as the cases of Mahendra Pd and Gupteshwar Pd.(Supra) are concerned, those are similar to the instant case. The Hon’ble High Court has held that the petitioner was entitled for fixation of post retirement benefits on the basis of salary on the date of retirement, notwithstanding its wrong fixation by the Department. Hence in view of these decisions, the applicant is also entitled for fixation of the post retirement benefits on the basis of the salary which, he, in fact, was drawing on the date of retirement, and the respondents were not entitled to recover the amount of Rs.59,273/-.” - 2 - 3. We have no justifiable reason to take a view different from that of the Tribunal. 4. Writ petition is dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil