Allahabad High Court
Executive Director U.P. Govt. ... vs Ram Gopal Awasthi And Anr. on 3 August, 2021
Bench: Ritu Raj Awasthi, Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- SPECIAL APPEAL DEFECTIVE No. - 258 of 2021
Appellant :- Executive Director U.P. Govt. Employees Welfare Corp. & Anr.
Respondent :- Ram Gopal Awasthi And Anr.
Counsel for Appellant :- Vineet Kumar Singh 'Bisen,Anurag Vikram
Counsel for Respondent :- C.S.C.,Satendra Nath Rai
Hon'ble Ritu Raj Awasthi,J.
Hon'ble Dinesh Kumar Singh,J.
Heard Mr. Anurag Vikram, learned counsel for appellants as well as Mr. Satendra Nath Rai, learned counsel for respondent no. 1 and learned standing counsel for respondent no. 2.
This intra Court appeal has been filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 challenging the interlocutory order dated 19.2.2021 passed in Writ Petition No. 4891 (SS) of 2021 whereby the learned Single Judge has provided that until further orders the effect and operation of the order dated 14.8.2020 wherein a notice was issued to the petitioner for recovery of certain amount from the respondent-petitioner who has retired on attaining the age of superannuation on 30.6.2020 shall remain stayed.
The appeal has been filed with reported delay of 131 days as on the date of filing. It is accompanied with an affidavit. The cause shown in the affidavit filed in support of application for condonation of delay is sufficient, as such, the application for condonation of delay is allowed. Delay in filing of appeal is hereby condoned.
Order on Memo of Appeal
With the consent of parties' counsel, we proceed to decide the appeal at the admission stage which involves trivial question of law law.
Learned counsel for appellants submits that the appellants are undergoing severe financial crunch. The money is to be arranged from the State Government to pay the salary and retiral dues of the employees. The learned Single Judge has provided that the rest amount of the impugned order shall be disbursed to the respondent-petitioner. It is submitted that this Court in similar matter in Special Appeal No. 177 (D) of 2021 has been pleased to dispose of the appeal with direction to pay arrears of salary including post retiral dues within a period of three months. The benefit of the same order may be provided.
Mr. Satendra Nath Rai, learned counsel for respondent-petitioner submits that the respondent-petitioner has retired on attaining the age of superannuation on 30.6.2020. The impugned order dated 14.8.2020 is not sustainable in the eyes of law and no recovery can be made in view of the law laid down by the Apex Court in the case of State of Punjab and Ors vs. Rafiq Maish (White Washerman); (2015) 4 SCC 334.
We have considered the submissions made by the learned counsel for the parties and gone through the record.
In view of the judgment of the Apex Court in the case of Rafiq Maish (supra) the demanded amount cannot be recovered from the respondent-petitioner, as such, we dispose of the special appeal with the observation that the remaining amount as per the notice including the post retiral benefits of respondent no. 1 shall be paid within a period of three months from today.
[Dinesh Kumar Singh, J.] [Ritu Raj Awasthi, J.]
Order Date :- 3.8.2021
Santosh/-
