Raja Ram vs State Of U.P. And 4 Others
2016 Latest Caselaw 1294 ALL

Citation : 2016 Latest Caselaw 1294 ALL
Judgement Date : 6 April, 2016

Allahabad High Court

Raja Ram vs State Of U.P. And 4 Others on 6 April, 2016

Bench: Pradeep Kumar Baghel




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 
Case :- WRIT - A No. - 15194 of 2016
 
Petitioner :- Raja Ram
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Premshankar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner retired as Sinch Parivechak on 13.03.2015. He is aggrieved by the order dated 16.03.2016 issued by the Executive Engineer by which a direction has been issued to recover a sum of Rs.62,616/-. In the matter of similarly placed person, i.e. Writ A. No.15193 of 2016, Bihari Lal v. State of U.P. and others, this Court has passed the following interim order.

"The petitioner retired as Tub-well Operator on 31.07.2015. He is aggrieved by the order of the Executive Engineer dated 16.03.2016 whereby a direction has been issued to recover an amount of Rs.69207/- from the pension of the petitioner on the ground that he has been paid excess amount as leave encashment.

It is contended by the learned counsel for the petitioner that it was not a mistake of the petitioner and after his retirement, recovery of such amount would be too harsh. He has placed reliance on a judgement of this Court in the case of State of Punjab and others v. Rafiq Masih (Whitewasher), JT 2015 (1) SC 95 wherein it is provided that recovery should not be made from Class III or Class IV employee after a long period.

Learned Standing Counsel is granted six weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

List after expiry of the aforesaid period.

Till the next date of listing the effect and operation of the impugned order dated 16.03.2016 passed by Executive Engineer, respondent no. 3 shall remain stayed."

Learned Standing Counsel is granted six weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

List in the week commencing 25.05.2016.

The benefit of interim relief which has been granted to the petitioner in Bihari Lal (supra), extracted hereinabove is extended to the petitioner herein also.

Order Date :- 6.4.2016