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KAILASH CHANDRA SHARMA v THE MANAGING DIRECTOR JAIPUR Z - SAW Case No. 1391 of 2006  RD-RJ 1646 (4 April 2007)
D.B. CIVIL SPECIAL APPEAL(W)NO.1391/2006
Kailash Chandra Sharma
The Manging Director, Jaipur Zila Dugdh Utpadak Sahakari
Sangh Ltd., Jaipur & Anr.
DATE OF ORDER :: 04-04-2007
HON'BLE THE CHIEF JUSTICE SHRI S.N.JHA
HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ
Shri G.P.Sharma, for the appellant.
By the order impugned in this appeal which is an interim order, the learned Single Judge declined to stay recovery of alleged excess amount paid to the appellant. The amount appears to have been paid on account of wrong fixation. There may be substance in the contention of the appellant that the payment was not due to any misrepresentation or fraud on the part of the appellant, but at the same time, if there was mistake in fixing of pay etc., the authorities are entitled to correct the mistake. We say nothing more at this stage, for, the writ petition is still pending and the issues are to be decided by the Single Judge. The claim of the appellant being monetary in nature, it goes without saying, in the event of success, he can be suitably compensated.
We find no ground to interfere with the order at this stage.
The appeal is dismissed. [MOHAMMAD RAFIQ],J. [S.N.JHA],CJ.
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