JUDGMENT :

1. By means of the instant writ petition, the Union of India has approached this Court challenging the judgment and order dated 27.09.2022 passed by the Central Administrative Tribunal, allowing an original application filed by the respondent and setting aside an order dated 17.06.2021 by which recovery of an amount of Rs. 7,54,014/-only was ordered to be made from the gratuity payable to the respondent. The order dated 17.06.2021 mentions that the respondent had been transferred on 29.07.2008 as per his own request and his salary had erroneously been fixed at Rs. 72,100/-in place of Rs. 66,000/-. The salary paid in excess consequent to a wrong fixation made in the year 2008, has been sought to be recovered from the respondent by means of the order dated 17.06.2021.

2. The respondent has retired on attaining the age of superannuation on 30.06.2021 and the order dated 17.06.2021 was passed when the respondent was on the verge of his retirement.

3. The learned counsel for the appellant has placed before this Court a decision of the Hon'ble Supreme Court in the case of Chandi Prasad Uniyal v. State of Uttrakhand, (2012) 8 SCC 417, wherein the Hon'ble Supreme Court has held tha