Dr. (Km.) Archana Mishra vs State Of U.P. And 6 Ors.
2013 Latest Caselaw 7497 ALL

Citation : 2013 Latest Caselaw 7497 ALL
Judgement Date : 17 December, 2013

Allahabad High Court

Dr. (Km.) Archana Mishra vs State Of U.P. And 6 Ors. on 17 December, 2013

Bench: Rajes Kumar, Mahesh Chandra Tripathi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 69328 of 2013
 

 
Petitioner :- Dr. (Km.) Archana Mishra
 
Respondent :- State Of U.P. And 6 Ors.
 
Counsel for Petitioner :- D.K. Singh,V.K. Singh
 
Counsel for Respondent :- C.S.C.,Anurag Khanna
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Mahesh Chandra Tripathi,J.

The petitioner was working as a Lecturer in Ginni Devi Modi Girls Post Graduate College, Modi Nagar, Ghaziabad, which is affiliated with Chaudhary Charan Singh University, Meerut.

It appears that during the period 1.3.1988 to 31.7.2012, the petitioner has been paid house rent allowance. It appears that in pursuance of some disciplinary proceeding, the petitioner has been suspended. The Committee of Management by the resolution dated 16.10.2013 has resolved to recover the house rent allowance paid to the petitioner for the period 1.3.1988 to 31.7.2012. The copy of the resolution is Annexure-10 to the writ petition. There is nothing in the resolution to demonstrate that on which ground it has been resolved to recover the house rent allowance paid to the petitioner. In pursuance of the said resolution, a letter has been issued to the petitioner by the Principal of the College dated 7.11.2013 for recovery of a sum of Rs.8,07,200/-, which has been paid towards house rent allowance and for that deduction of Rs.15,000/- per month is being proposed to be made from the month of October, 2013.

Learned counsel for the petitioner submitted that no basis has been given for such recovery. It is not the case of the respondent that the petitioner has been paid house rent allowance, which was not legally payable to the petitioner. The recovery is wholly unjustified.

Prima facie, there is substance in the argument of learned counsel for the petitioner.

The matter requires consideration.

Sri Anurag Khanna, Advocate, appears on behalf of respondent nos. 5 and 6. Issue notice to respondent nos. 3 and 4. The petitioner may take steps to serve the respondent nos. 3 and 4 by registered post.

List in week commencing 20.1.2014.

Till the next date of listing, the recovery of house rent allowance in pursuance of the impugned letter dated 7.11.2013 issued by the Principal of the College shall remain stayed.

Order Date :- 17.12.2013