IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No.173 of 2009. Decided on: 22nd April, 2010. State of H.P. and others. ….. Appellants. Versus Chaman Lal. …… Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Appellants : Mr. R.K. Sharma, Sr. Addl. Advocate General. For the Respondent : Ms. Ranjana Parmar, Advocate. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) CMP (M) No.1115 of 2009. Though the application for condonation of delay has been seriously opposed, having regard to the facts as stated in the application, the delay is condoned and the application is disposed of. LPA No.173 of 2009. The issue raised by the appellant-State is that though the learned Single Judge has found that there was a mistaken payment to the writ petitioner, the recovery was quashed on the only ground that steps were taken without notice to the writ petitioner. 2. The learned Senior Additional Advocate General vehemently contends that the liberty may be granted to the State to take steps after notice to the writ petitioner. Though ordinarily we would have granted that prayer, having regard to the factual matrix as available in this case which would indicate that the disputed amount is only Rs.15903/- and that this amount was paid to the employee towards the house rent allowance 2 and other ancillary allowances and still further having regard to the fact that the employee has thereafter been regularized in service and now the allowances are being enjoyed by the employee, we feel it appropriate that the issue is given a quietus. Ordered accordingly. But we make it clear that this judgment shall not be considered as a precedent and the same is rendered only on account of the facts, as indicated above. The appeal is disposed of. (Justice Kurian Joseph), Chief Justice 22nd April, 2010 ( Justice R.B. Misra ), (tr) Judge.