Vinay Kumar & Ors. vs State Of U.P. Thru. Prin. Secy., ...
2018 Latest Caselaw 1269 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- SERVICE SINGLE No. - 17602 of 2018
 

 
Petitioner :- Vinay Kumar & Ors.
 
Respondent :- State Of U.P. Thru. Prin. Secy., Public Works Deptt. & Ors.
 
Counsel for Petitioner :- Shiwa Kant Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Shiwa Kant Tiwari, learned counsel for the petitioners.

Notices for the opposite parties have been accepted by the office of the learned Chief Standing Counsel.

The under challenge in this writ petition is Office Memo dated 24.05.2018, issued by the Chief Engineer, Public Works Department, Kanpur Region, Kanpur thereby rejecting the representation of the petitioners directing that the recovery be made from salary of the petitioners.

Learned counsel for the petitioners has submitted that in the light of the judgment of Hon'ble Apex Court in re: State of Punjab vs. Rafiq Masih (White Washer) and others; (2015) 4 SCC 334, no recovery can be made after the retirement of the incumbent. He has also submitted that at any point of time, the petitioners have not been given any wrong payment which can be recovered from them.

Learned counsel for the petitioner has further submitted that the payment in question has been rightly made to the petitioners, therefore, it should not be recovered.

Let the counter affidavit be filed by the opposite parties within a period of three weeks. Rejoinder affidavit, if any, may be filed within ten days thereafter.

List this case in the week commencing 16.07.2018.

Till the next date of listing, no recovery shall be made from the petitioners pursuant to the Office Memo dated 24.05.2018.

It is made clear that the interim order shall not be extended on the next date of listing without hearing the learned counsel for the parties.

Order Date :- 8.6.2018

Suresh/

[Rajesh Singh Chauhan,J.]