IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** C.M. No.13003-C of 2010 & R.S.A.No.4305 of 2010 9(O&M) Date of Decision:22.11.2010 The State of Punjab and others .....Appellants Vs. Raj Kumari Ahuja .....Respondent CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present:- Mr. Rajesh Garg, Additional Advocate General, Punjab for the appellants. **** RAKESH KUMAR GARG, J. C.M. No.13003-C of 2010 There is a delay of 315 days in filing this appeal. Since the appeal is being dismissed on merits, in the interest of justice, delay of 315 days in filing the appeal is condoned. R.S.A. No.4305 of 2010 This is defendants' second appeal challenging the judgments and decrees of the Courts below whereby suit of the plaintiff- respondent for declaration and mandatory injunction was decreed holding that she was entitled to recover amount of Rs.57,501/- deducted from her death-cum- retirement gratuity. Shorn of detail facts, it is suffice to say that the amount of Rs.57,501/- was deducted from the death-cum-retirement gratuity of the plaintiff- respondent on account of excess payment inadvertently made R.S.A.No.4305 of 2010 9(O&M) -2- while fixing the pay of the respondent. The trial Court held that Government was not entitled to effect any such recovery of excess amount paid if the employee was not responsible for it. The lower appellate court on the basis of the judgments of Hon'ble the Supreme Court in Sahib Rams v. State of Haryana, 1995(1) SCT 668(SC) wherein it has been held that if a benefit has been given wrongly but without any misrepresentation or fraud on the part of the employee, the amount so paid cannot be recovered from an employee although such employee will not be entitled to draw upgraded scale further, dismissed the appeal. The aforesaid proposition of law has also been endorsed by a Full Bench decision of this Court in Budh Ram v. State of Haryana, 2009 (3) RCR 511. In this view of the matter, I find no merit in this appeal. No substantial question of law arises. Dismissed. November 22, 2010 ( RAKESH KUMAR GARG ) renu JUDGE