BARIN GHOSH and JAYANANDAN SINGH JJ.

1. A full Bench of this Court has very recently pronounced that there is no impediment in recovering excess payment made to a Government employee by mistake. However, the Full Bench has decided if payment has been made on the basis of an understanding but subsequently by application of mind, it transpires that the basis was a wrong basis, then payment made on the wrong basis cannot be said to be payment made by mistake and accordingly, cannot be recovered.

2. In the writ petition, the original writ petitioner challenged an order dated 28.07.1998, whereby and under it was contended that during the period between 5th February, 1983 and 31.12.1997, the original petitioner was paid an excess amount of Rs. 1,49,805.80 and accordingly, the said sum of money is recoverable from him. It was stated that although the original petitioner did not pass the noting and drafting examination, he was accorded increments during the period mentioned above and as such excess payment had been made.

3. In the Boards Miscellaneous Rules, there is a direction for passing Hindi noting and drafting examination to earn eligibility for obtaining increments. The said