Judgment

SHANTANU KEMKAR, J.:-

Heard on the question of admission.

By filing this intra Court appeal under section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the appellant has challenged the order dated 29-3-2012 passed by the learned Single Judge of this Court in Writ Petition No. 7008/2010.

2. Briefly stated, the appellant/writ petitioner filed the aforesaid writ petition challenging the recovery of excess payment of Rs. 87,239/- sought to be made by respondents No. 1 and 2 Bank. The contention of the appellant before the writ Court was that the excess payment was made to her was not on account of any fault or fraud on her part, and therefore, in view of the law laid down by the Supreme Court in the case of Shy am Babu Verma vs. Union of India, 1994 SCC (L and S) 683, the recovery, after retirement, cannot be ordered.

3. The respondents filed reply to the petition. The respondents No. 1 and 2-Bank in its reply had stated that excess amount of family pension was erroneously credited in the petitioner's saving bank account. According to the respondent-Bank, the petitioner was not entitled for the amount, which has been credited by the Bank to t