JUDGMENT

V. Kameswar Rao, J. (Oral)--The challenge in the Writ Petition is to an order dated September 12, 2018 passed by the Central Administrative Tribunal (in short `Tribunal') in O.A. 4308/2017, whereby the Tribunal has disposed of the Original Application by stating in paragraphs 5.3 and 5.4 as under:

"5.3 Per contra, respondents' case is that the applicant was erroneously granted the higher grade pay, due to which said recovery was made. As far as the recovery aspect is concerned, the same is squarely covered by the judgment of the Hon'ble Supreme in the case of Rafiq Masih (supra). The said excess payment was not on account of any fraud or misrepresentation by the applicant. The recovery made from the applicant, therefore, falls with the following categories, which have been held to be impermissible in law, as per the afore-mentioned judgment:

"12. It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarise the following few situ