Judgment :- Petitioner seek writ of certiorari to quash the orders passed by the 2nd Respondent in proceedings PO1/4/A62-967/REV/2004-2005/6302 PPO No.C 202336/SEC dated 010. 2004 for recovery of excess salary paid to the Petitioner. 2. Petitioner retired as Head Electric lift operator, Public (Buildings) Department, Secretariat, Chennai on 312. 2003. Pension proposals were sent to the 2nd Respondent-Accountant General Office. At the time of processing pension papers it was noticed that the Petitioner was awarded 5% of basic pay i.e Rs.56/- as personal pay with effect from 01.08.1992 citing GO 664 Finance (PC) dated 24.08.1992, by the 1st Respondent and it was not in order. P & AR Department and Finance (PC) Department of Government have also accepted the incorrect amount of 5 % PP to the Petitioner. Deputy Secretary to Govt. Public (Bldgs) Department had ordered recovery of the excess paid amount or Rs.46,657/- from the DCRG payable to the Petitioner which is challenged in this writ petition. 3. Learned counsel for the Petitioner, Mr.T.Sellapandian, has submitted that there cannot be any recovery due to wrong payment of 5% PP. 4. Heard the learned counsel for the 2nd Respondent, Mr.T.Ravikumar. 5. In respect of pay anomaly of V pay commission, complaints was various Association of Government employees. G.O.Ms.No.664 Finance(PC) dated 24.08.1982, was passed keeping in mind the job responsibilities involved, granting 5% of basic pay as on 01.08.1992 as PP to those who have moved from the following pre-revised scales to revised scales. Pre-revised (IV Pay Commission) Revised (V Pay Commission) Rs. Rs. 475-775 to 775-1030 610-1075 to 950-1500 or 975-1660 705-1230 to 1200-2040 905-1545 to 1600-2660 5. To be eligible for 5% Personal Pay, an employee should have been in receipt of pay in the above specified four categories of scales of pay before 27.06.1989 and to have moved to specified revised scale of pay of 5th Pay Commission. Further G.O.873 Finance (PC) Dept. dt. 212. 1993, have provided that the 5% of basic pay as personal pay to all those employees, who actually moved from the specified pre-revised scales to revised scales as provided in G.O.664 i.e. All those who were appointed/promoted prior to 27.06.1989. 6. The Petitioner was in receipt of pay in the scale of 555-970 as on 28.05.1986 and moved to 825-1200 scale with effect from 02.04.1989. 6. The Petitioner was in receipt of pay in the scale of 555-970 as on 28.05.1986 and moved to 825-1200 scale with effect from 02.04.1989. Contention of Petitioner is that he was in receipt of pay of Rs.775/-as on 01.04.1989 which is falling within the scale of 475-775 and therefore, he is entitled to 5% PP. According to the Respondents, the Petitioner has not moved from the scales mentioned in the above G.O.664 Finance (PC) dated 24.08.1992, and therefore the grant of 5% PP from 01.08.1992 from the 1st Respondent was not in order. When the 2nd Respondent has pointed out the mistake of wrong payment of PP ,1st Respondent has rightly passed the impugned order of recovery of excess pay to the Petitioner. 7. Excess recovery of Rs.46,657/-when there was wrong fixation of pay the same cannot be ordered to be recovered after long time. In 1995 Supp(1) SCC 18, Sahib Ram vs. State of Haryana and others, Honble Supreme Court has held that when upgraded pay scale was given due to wrong construction there cannot be recovery for the payment already made. 8. Applying the ratio of the said decision though the payment of 5% PP was not in order, excess amount paid cannot be recovered. Insofar as recovery of Rs.46,657/-the impugned order is set aside and the writ petition is partly allowed. The Respondents are at liberty to fix the correct pay for payment of pension to the Petitioner in future.