Sukhveer Sharma vs State Of U.P. And 4 Others
2022 Latest Caselaw 9087 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 10115 of 2022
 

 
Petitioner :- Sukhveer Sharma
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Rajesh Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey,Satendra Tirpathi
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner, learned Standing Counsel for the respondent no. 1 and Sri Ravi Prakash Pandey, learned counsel for the respondent nos. 2 to 5.

Case was heard on 16.07.2022 and the Court had passed the following order:-

"Heard learned counsel for the petitioner, learned standing counsel for respondent no. 1 and Sri Satendra Tripathi, learned counsel for respondent nos. 2 to 5.

Learned counsel for the petitioner submitted that petitioner was superannuated from service on 31.12.2015 and after superannuation, he was also started receiving pension. He next submitted that vide order dated 30.11.2021 passed by respondent no. 5, his pension was reduced without providing any opportunity of hearing and also order is having no reasons. Thereafter, another order dated 28.01.2022 has been passed by which order of recovery has also been issued for the excess payment paid to petitioner after retirement in the year 2015 to the date of first impugned order i.e. 30.11.2021. He next submitted that case of the petitioner is fully covered with the judgment of Apex Court in the matter of State of Punjab and others Vs. Rafiq Masih: 2015 (4) SCC 334, therefore, any deduction of pension or recovery of the same is bad in law.

Sri Satendra Tripathi, learned counsel for respondent nos. 2 to 5 prays for and is granted 10 days time to seek instruction about the matter.

Put up this case as fresh on 27.07.2022.

Till then, no recovery shall be made from the petitioner pursuant to order dated 28.01.2022.

Pursuant to the order of this Court dated 16.07.2022, learned counsel for the respondent nos. 2 to 5 has produced instruction, which is taken on record. He could not dispute the aforesaid facts.

Learned counsel for the petitioner submitted that similar matter is engaging attention of this Court in Writ-A No. 21517 of 2019 (Mahendra Pal Sharma Vs. State of U.P. and 3 others), which was allowed by this Court vide order dated 07.01.2020 by quashing the impugned order and further liberty was given to the Vice Chairman concerned to pass fresh order, therefore, petitioner may also be given same benefit as in Writ-A No. 21517 of 2019.

Learned Standing Counsel could not dispute the aforesaid facts also.

Accordingly, impugned orders dated 30.11.2021 and 28.01.2022 passed by respondent no. 5 are quashed. The writ petition is allowed in terms of the order dated 07.01.2022 passed in Writ-A No. 21517 of 2019.

Order Date :- 3.8.2022

Rmk.