Sri Bihari Lal vs State Of U.P. And 4 Others
2016 Latest Caselaw 1296 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 15193 of 2016
 

 
Petitioner :- Sri Bihari Lal
 
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 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.

Order Date :- 6.4.2016

AU