JUDGMENT

S.K. Sahoo, J.

The precise question of law which needs to be addressed in this writ petition is that whether excess payment made in favour an employee can be recovered from his leave encashment benefits after his retirement, especially when it is palpable that the excess payment was made by the authorities on an erroneous calculation or improper interpretation of rules and not because of any fault on the part of the employee.

2. The brief factual matrix, bereft of superfluous details, leading to the present writ petition is that the opposite party joined as a Mail Man (MTS) on 17.01.1984. The Department of Personnel and Training, Government of India vide its letter dated 19.05.2009 recommended for financial upgradation under a scheme named as 'Modified Assured Career Progression Scheme' (for short 'the MACP scheme'). The opposite party was entitled to get the benefits of 3rd MACP upon completion of 30 years of service from his initial entry grade, i.e. 17.01.2014. However, he was erroneously granted 3rd MACP vide office order dated 21.04.2010. This discrepancy was pointed out by the internal audit report dated 03.04.2012. Subsequently, the opposite party retired from service