sn^?r TCTO (13?i^i^?r) chl^^-l ;RIHtTff ^f f^t <.f^<^l< ^sifw an^i there are three cibnditions wherein the exeess paymentmaybe 1'ecovered, namely (1) excess payment was made on account of misrepresentation t>r fraud on the part of the employee, (ii) the ^mployee had knowledge thst the payment receivfiv^d was in excess, and iiii) the srror was correctec? within a short span of tims of wrong payment Learned counsel appe<^ring for the State / respondents does not controvert the submissions m^de by learned counsel for the petitioner and submits that this matter may b^ disposed off in the same terms. In view of the foregoingl and as admitted by learned counsei for the parties, this petition is dispos^d off in the terms of the order passed in the case of Ramchandra Kurup (S^upra) i.e. the impugned order dated 06/07/12 (Annexure P/1) to the extent ||it directs adjustment / deduction, is hereby quashed. The petitioner is ehtitied to fuli pensionary benefits / gratuity amount without any deductioh. if the amount has been recovered, the petitioner isentitled to the said|lamount. However, it is open for the respondents to take recourse to Rule 65 of the Chhattisgarh Civi! Servic^s (Pension) Ruies, 1976, if ») advised, in accordance with law, after folicjwing basic principles of naturai justice.
