Girija Prasad Sharma, Ex-Sub ... vs Pradhan Mahalekhakar (Lekha Evam ...
2014 Latest Caselaw 111 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 16920 of 2014
 

 
Petitioner :- Girija Prasad Sharma, Ex-Sub Inspector
 
Respondent :- Pradhan Mahalekhakar (Lekha Evam Hakdari)-I U.P And 2 Others
 
Counsel for Petitioner :- Yadvendra Pandey,Indra Raj Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abhinava Upadhya,J.

The petitioner retired from service on 31.10.2010 from the post of Sub Inspector under the U.P.Police. After retirement the petitioner pressed for retiral dues which was not being paid  and compelled the petitioner to file a writ petition being Writ Petition No. 25253 of 2011. The said writ petition was disposed of vide order dated 2.5.2011 directing the authorities to consider the claim of the petitioner with regard to retiral dues within a stipulated period of time. However,  the time expired but the retiral dues have not been paid. Then the  petitioner filed a contempt application being Contempt Application (Civil) No.5454 of 2011 in which notices were issued.

After issuance of notice it appears that by order dated 23rd December, 2011, 90% of the provident fund was directed to be released in favour of the petitioner.  When the petitioner pressed for the remaining 10% of the dues, the impugned order has been passed directing recovery of Rs. 1,59,793/- as dues pending against the petitioner.

According to the learned counsel for the petitioner, neither any dues are pending against the petitioner nor any opportunity was given  to him prior to passing of the recovery order.

The matter requires scrutiny.

Let a counter affidavit be filed by the learned Standing Counsel within one month. Rejoinder affidavit may be filed within a week thereafter.

List the matter after the expiry of the aforesaid period.

Till the next date of listing, no coercive steps will be taken against the petitioner pursuant to order dated 30.1.2014.

Order Date :- 24.3.2014

SKM