Allahabad High Court
Chandra Prakash Srivastava vs State Of U.P. Thru. Prin. Secy., ... on 2 April, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 9135 of 2019
Petitioner :- Chandra Prakash Srivastava
Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Finance & Ors.
Counsel for Petitioner :- Shobhit Mohan Shukla
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Learned Counsel for the petitioner submitted that the petitioner retired from the post of Khandsari Officer a Group 'C' Non-Gazetted Post on 30.06.2009. The petitioner was granted the Grade Pay of Rs.6600/- w.e.f. due date i.e. 01.12.2008 by means of order dated 10.06.2013. The same was withdrawn, without affording any opportunity, by means of office memorandum dated 22 November 2016 by the Government. Subsequently, the pay of the petitioner was fixed by means of order dated 28.02.2017 by the Commissioner i.e. opposite party no.3. The two colleagues of the petitioner had challenged the same before the State Public Service Tribunal by means of Claim Petition No.563 of 2017. The Claim Petition was filed by Narendra Kumar Rana and Mr. Mohammad Salim Khan, who have filed writ petitions bearing Writ Petition No.27455 (SS) of 2018 and Writ Petition No.31512 (SS) of 2018. The said claim petition was allowed vide order dated 20.02.2018 and the impugned order dated 28.02.2017 was quashed. It was made open to the opposite party no.3 to pass a fresh order after giving due opportunity of hearing to the petitioner in accordance with law. It was further provided that the amount will be refunded within six months from the date of passing of the order dated 20.02.2018. In compliance thereof an order dated 28.08.2018 has been passed in respect of Sri Narendra Kumar Rana and Mr. Mohammad Salim Khan by the opposite party no.3, who is the Principal Secretary of the department also. The said order has been passed on the basis of the order dated 11.07.2017 passed in respect of some other employees. The said order has been stayed by this Court in writ petition No.24484 (SS) of 2018 passed on 28.08.2018;Ashok Khare and others Versus State of U.P. and others.
Learned counsel for the petitioner pointed out that the order dated 28.08.2018 (Annexure No.19) has been passed indicating therein that there is no requirement of modification of the order dated 28.02.2017, which is impugned herein, while the said order has already been quashed by the learned Tribunal by means of judgment and order dated 20.02.2018 passed in claim petition no.563 of 2017 filed by the aforesaid two persons. He further submitted that in pursuance of the impugned order not only the pension of the petitioner has been reduced, but the recovery has also been started from the pension of the petitioner. He further submitted that the learned Tribunal had directed to refund the amount recovered from the petitioners within a period of six months but no refund was made to the petitioner. He further submitted that since the petitioner is a retired class III employee no recovery can be made from the pension of the petitioner in view of judgment rendered by the Hon'ble Apex court in the case of State of Punjab Vs. Rafiq Masih (White Washer);2014 (8) SCC 883.
Learned Additional Chief Standing Counsel, on the basis of instructions, submitted that the petitioner is entitled for the Grade Pay of Rs.5400/-, therefore, the Grade Pay of Rs.6600/- has rightly been withdrawn and accordingly the pension of the petitioner has been fixed. He prays for and is granted four weeks time to file counter affidavit.
Two weeks time thereafter will be available to the petitioner for filing rejoinder affidavit.
List thereafter.
Until further orders, no recovery shall be made from the petitioner in pursuance of impugned orders dated 24.04.2017, 22.11.2016 and 28.02.2017, contained in annexure nos.1, 2 and 3 respectively to the writ petition.
Order Date :- 2.4.2019
Suresh/
[Rajesh Singh Chauhan,J.]
