Service Law — Recovery of monetary benefits — Wrongly extended to the employees — Due to unintentional mistake committed by the employer and not on account of any misrepresentation or fraud committed by the employees — Propriety of the recovery — Held: In view of the doctrine of equality enshrined u/Arts. 14 to 18 and 38, 39, 39A, 43 and 46 of the Constitution, equity dnd good conscience has to be basis of all governmental actions, in the matter of livelihood of the people — Recovery of monetary benefit given in excess of entitlement to the employee would be permissible in law, so long it is equitous and does not have harsh and arbitrary effect on the employee — Such recovery would be impermissible in cases of Class Ill and Class IV employees; retired employees or due to retire within one year, where the excess payment was made for a period in excess of five years, where employee has wrongfully been required to discharge duty of a higher post and has been paid accordingly; and in any other case where the court finds that recovery would be iniquitous or harsh or arbitrary to such an extent to outweigh the equitable balance of employer's right to recover — In the present case, recovery was impermissible - Constitution of India, 1950 — Arts. 14 to 18, 38, 39, 39A, 43 and 46 — Equity.