Hukum Raj Singh vs State Of U.P. And 3 Others
2016 Latest Caselaw 2951 ALL

Citation : 2016 Latest Caselaw 2951 ALL
Judgement Date : 24 May, 2016

Allahabad High Court

Hukum Raj Singh vs State Of U.P. And 3 Others on 24 May, 2016

Bench: Pradeep Kumar Baghel




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 14137 of 2016
 
Petitioner :- Hukum Raj Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Vinod Kumar Singh,Ajay Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner has challenged the order dated 10.10.2008 whereby a recovery for a sum of Rs.66,214/- has been issued. It is also recorded in the impugned order that the said amount shall be deducted from his gratuity. The petitioner is a retired Class III employee. Learned counsel for the petitioner has placed reliance on a judgment of the Supreme Court in the case of State of Punjab and others V. Rafiq Masih (Whitewhasher), JT 2015 (1) SC 95.

Matter needs consideration.

The Supreme Court has culled out the law in respect of the recovery from Class III and Class IV employees.

In view of the above, the effect and operation of the impugned order dated 10.10.2008 passed by the Executive Engineer, respondent no.3 shall remain stayed till the next date of listing.

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

List in the week commencing 05.09.2016

Order Date :- 24.5.2016