Const. Prem Kumar vs State Of U.P.Thru Prin.Secy. Home ...
2018 Latest Caselaw 3249 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 
Case :- SERVICE SINGLE No. - 30120 of 2018
 
Petitioner :- Const. Prem Kumar
 
Respondent :- State Of U.P.Thru Prin.Secy. Home Civil Sectt. Lucknow &Ors.
 
Counsel for Petitioner :- Anupam Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Anupam Shukla, learned counsel for the petitioner.

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

By means of this writ petition, the petitioner has assailed the notice dated 12.12.2017, issued by the opposite party No.4, whereby the recovery order has been issued against the petitioner.

Learned counsel for the petitioner has submitted that the recovery is being made against the petitioner for penal interest for the residence which he occupied after his transfer.

Learned counsel for the petitioner has drawn attention of this Court towards the orders of this Court, whereby in an identical circumstances the recovery has been stayed. One of those orders is order dated 10.04.2014 passed by this Court in Writ Petition No.2148 (S/S) of 2014. While granting an interim order dated 10.04.2014, this Court was pleased to consider the relevant circulars and orders issued by the department and this Court was pleased to observe that the petitioner of that writ petition is entitled to retain the residence. In another order dated 05.04.2011 passed by this Court in Writ Petition No.1790 (S/S) of 2011, wherein this Court was pleased to direct that the petitioner of that writ petition shall be liable to pay the normal rent for the period of occupation of the premises/ accommodation in question and he shall not be compelled to pay any excess amount than the normal rent.

Learned counsel for the petitioner has also submitted that the instant case is identical with those cases wherein interim orders have been granted.

Learned counsel for the petitioner has further submitted that pursuant to the impugned order dated 12.12.2017 a recovery of Rs.20,000/- has already been made.

Therefore, learned Additional Chief Standing Counsel is granted ten days time to seek complete instructions in the matter and apprise the Court as to what is the latest position in those matters.

List this case in the week commencing 29.10.2018 as fresh to enable the learned Additional Chief Standing Counsel to seek complete instructions in the matter.

Order Date :- 12.10.2018

Suresh/

[Rajesh Singh Chauhan,J.]