Citation : 2014 Latest Caselaw 254 ALL
Judgement Date : 27 March, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 59 Case :- WRIT - A No. - 17833 of 2014 Petitioner :- Mohammad Idrees Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- P.K. Kashyap Counsel for Respondent :- C.S.C. Hon'ble Abhinava Upadhya,J.
The petitioner was holding the post of Stenographer Grade I in Commercial Tax Department at Budaun. He was granted Pay Grade of Rs. 4800/- by order dated 7.7.2012. The petitioner had earlier retired on 31.12.2011. However, after retirement the petitioner has been granted Pay Grade of Rs. 4800/- and, accordingly, the pension has been fixed and is being paid. Now by the impugned order it has been held that Pay Grade of Rs. 4800/- has wrongly been applied in the case of the petitioner and deduction is being made from the pension of the petitioner.
The matter requires scrutiny.
Once the pension being paid, the same cannot be reduced without a valid reason.
Learned Standing Counsel appearing on behalf of the State-respondents may file counter affidavit within one month. The petitioner shall have one week thereafter to file rejoinder affidavit.
List after the expiry of the aforesaid period.
Till the date of next listing, no deduction would be made from the pension of the petitioner which the petitioner was getting prior to March, 2014.
Order Date :- 27.3.2014
SKM
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