Learned counsel for the petitioner submits that the original writ petitioner, even if he had drawn excess payment, the same cannot be recovered as he has worked on the said post and there was not fraud or misrepresentation on his part and further that now he has died. Learned counsel has relied upon decision of the Hon’ble Supreme Court in the case of Syed Abdul Qadir v. State of Bihar reported in 2009(2) PLJR (SC) 74 , in which it has been held that excess amount paid not because of any misrepresentation or fraud, no recovery can be made. He has also relied on a decision of this Court in the case of Pandey Jagdishwar Prasad v. State of Bihar reported in 2007(3) PLJR 767 , in which it has been held that if an employee has continued beyond the period of superannuation without any fraud or misrepresentation and the State allowed the employee to work, recovery of amount paid to him cannot be recovered. He has also relied upon a decision of this Court in the case of Pramod Sah v. State of Bihar reported in 2007(1) PLJR 587 , in which it has been held that the retiral dues having been paid, adjustment could not be from the gratuity.
