Higher selection grade (BPS) granted due to fault of department

 Higher selection grade (BPS) granted due to fault of department--Whether salary and benefits paid due to such fault/error could be recovered-Locus poenitentiae, principle of Estoppel-Petitioner (civil servant) was appointed as senior auditor in BPS-11-Subsequently petitioner was erroneously granted selection grade BPS 15 and started getting pay of such selection grade---Once the department realized its mistake, it reverted the petitioner back to BPS-11 and sought recovery of salary and benefits paid to him on the principle of locus poenitentiae-Held, that for almost 9 years the petitioner served in selection grade BPS-15 and received the emoluments and benefits of such post-Selection grade BPS-15 was granted to the petitioner by the department itself and the petitioner apparently had no role in obtaining such post-When the petitioner performed the work of a higher post of selection grade BPS-15 for almost 9 years, then on the principle of locus poenitentiae the benefits paid to him, could not be recovered as said principle would not apply---Further the principle of estoppel would be applicable in the present case against the department from recovering the emoluments and benefits of BPS-15 from the petitioner Petition for leave to appeal was converted into appeal and allowed.