ORAL JUDGMENT

07/Dated: 11 th July , 2023

Per Sujit Narayan Prasad, J. 

1. The instant appeal under clause 10 of the Letters Patent is directed against the order/judgment dated 30.06.2020 passed in W.P.(S) No. 4661 of 2010 by which the decision taken by the appellant-Bank for recovery of the amount of Rs. 2,19,193/-, which according to the appellant-Bank has been paid to the respondent no.1, the writ petitioner, for the period from February, 2003 till December, 2008 to which the writ petitioner, the respondent no.1 herein, was not entitled for.

2. The facts of the case which requires to be enumerated herein, read as under:

It is the case of the writ petitioner that her husband while working as Assistant Engineer in the Road Construction Department had opted for getting pension from the appellant-Bank. The writ petitioner, according to the appellant-Bank has been paid excess amount of Rs.2,19,193/- for the period from February, 2003 till December, 2008 which was not according to her entitlement and as such, the order was communicated to the writ petitioner for recovery of the said amount.

The respondent no.1, the writ petitioner, being aggrieved with the said order, has challenged the