Raj Kumar Batham vs State Of ...
2019 Latest Caselaw 2627 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- SERVICE SINGLE No. - 9772 of 2019
 

 
Petitioner :- Raj Kumar Batham
 
Respondent :- State Of U.P.Thru.Prin.Secy.Medical Health & Family Wel.&Ors
 
Counsel for Petitioner :- Vijay Kumar Srivastava,Tushar Bahadur
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri V.K. Srivastava, learned counsel for the petitioner.

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

The grievance of the petitioner is that the impugned orders dated 03.01.2019 (Annexure No.1 to the writ petition) and 13.03.2019 (Annexure No.2 to the writ petition) have been passed after two months of retirement of the petitioner.

Learned counsel for the petitioner has submitted that by means of the aforesaid impugned orders, the direction for recovery has been issued in utter violation of principles of natural justice inasmuch as no opportunity of hearing to the petitioner has been provided nor any explanation to that affect has been called from the petitioner.

Learned counsel for the petitioner has also submitted that besides the aforesaid grounds the impugned orders are in utter violations of settled proposition of law as settled by Hon'ble Supreme Court in re: State of Punjab and others vs. Rafiq Masih (White Washer) and others reported in (2015) 4 SCC 334, whereby the Hon'ble Supreme Court in para-18 of the aforesaid judgment has categorically held that after retirement of Class-III or Class-IV employee, no recovery can be made.

I have perused para-18 of the judgment of Rafiq Masih (supra) and also perused the material available on record and I am of the considered opinion that prima-facie both the impugned orders dated 03.01.2019 and 13.03.2019 (Annexure Nos.1 and 2 to the writ petition) are uncalled for.

The matter requires consideration.

Let the counter affidavit be filed within a period of six weeks. Rejoinder affidavit, if any, may be filed within four weeks thereafter.

List this petition after expiry of the aforesaid period.

Until further order of this Court, the operation and implementation of the impugned orders dated 03.01.2019 and 13.03.2019 (Annexure Nos.1 and 2 to the writ petition) shall remain stayed.

Order Date :- 8.4.2019

Suresh/

[Rajesh Singh Chauhan,J.]