Vidyadhar Pandey vs State Of U.P. And 5 Others
2016 Latest Caselaw 3497 ALL

Citation : 2016 Latest Caselaw 3497 ALL
Judgement Date : 13 June, 2016

Allahabad High Court

Vidyadhar Pandey vs State Of U.P. And 5 Others on 13 June, 2016

Bench: Pradeep Kumar Baghel




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - A No. - 28214 of 2016
 
Petitioner :- Vidyadhar Pandey
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Sudhakar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner is a retired Collection Amin. He has challenged the order dated 24.05.2016 whereby on the fresh fixation of his salary, a recovery for a sum of Rs.56149/- has been issued.

Learned counsel for the petitioner has placed reliance on the judgement of Supreme Court in the case of State of Punjab and others v. Rafiq Masih (Whitewasher), JT 2015 (1) SC 95 wherein it has been held that no recovery shall be made from the retired Class III and IV employees. He has also relied on interim order passed by this Court in the case of Narayan Jee Tiwari V. State of U.P. and others, Writ Petition No.10099 of 2016.

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 24.05.2016 passed by Upper Nideshak, Koshagar Evam Pension, Varanasi Mandal, Varanasi, respondent no.5 shall remain stayed.

Order Date :- 13.6.2016