Ram Ratan vs State Of U.P. And Others
2012 Latest Caselaw 52 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 17433 of 2012
 

 
Petitioner :- Ram Ratan
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Rajesh Kumar Pandey,Rakesh Dhar Dubey
 
Respondent Counsel :- C. S. C.
 

 
Hon'ble Dilip Gupta,J.

The petitioner, who was working as a Roller Driver in the Public Works Department, has filed this petition for quashing the order dated 20th August, 2009 with a further direction that the post retiral benefits of the petitioner should be paid without making any deduction by treating the petitioner to have retired on 31st December, 2006.

It transpires that the petitioner was to retire on 30th June, 2001 according to his date of birth but the petitioner continued in service. An order dated 18th December, 2006 was passed informing the petitioner of this fact but this order was assailed by the petitioner in  Writ Petition No.111 of 2007 which is pending in this Court.

This petition has been filed for a direction to quash the order by which the post retiral benefits have been directed to be paid after making deductions of the excess amount paid to the petitioner and further relief that has been sought is that the post retiral benefits should be paid without making the deduction by treating the petitioner to have retired on 31st December, 2006.

In such circumstances, it will not be appropriate to entertain this petition but the petitioner can, if so advised, move an appropriate amendment application in the pending writ petition.

The writ petition is, accordingly, dismissed with the aforesaid observation.

Order Date :- 9.4.2012

SK