M. Karpaga Vinayagam, C.J.

1. The question requires to be determined in this case by the Full Court is whether the amount, if any, paid in excess to the employee while in service due to mistake, fault or any misrepresentation, can be recovered from the employee after retirement from the Pension or Gratuity of the Government employee.

2. The brief facts of the case could be summarized as follows:

(i) Laxman Prasad Gupta, the petitioner, herein, was appointed as Health Worker on 11.04.1968.

(ii) The first Time Bound Promotion was given to the petitioner in the year 1981. Subsequently he got Second Time Bound Promotion in the year 1993.

(iii) The petitions retired from the service on 30.09.2001. At the time of retirement, his last pay drawn was Rs. 5702/- per month.

(iv) After retirement, pension papers of the petitioner was sent to the Accountant General for the finalization of the pension and other retrial benefits.

(v) The Accountant General returned the pension papers to the authority with an observation that Second Time Bound Promotion was wrongly given to the petitioner as the same should have been given only after 10/25 years since First Time Bound Promotion was given to the p