Kashi Ram Verma vs State Of U.P. And 2 Others
2022 Latest Caselaw 19582 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 15412 of 2022
 

 
Petitioner :- Kashi Ram Verma
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Arun Kumar Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Present petition has been filed challenging an order whereby an amount of Rs.,3,52,494/- has been recovered from the retiral dues of the petitioner mainly on the ground of wrong fixation of salary as is disclosed in Annexure - 1.

Learned Standing Counsel, on instructions, has stated that the recovery was on account of wrong fixation of salary and the recovery was in pursuance to the undertaking given by the petitioner that the amount may be recovered from the retiral due of the petitioner. The instructions are taken on record.

Considering the submission made at the bar, the first question to be decided is whether the amount can be recovered after retirement on the allegations of wrong fixation of salary which cannot be attributed to the petitioner.

The said question is covered by a judgment of the Hon'ble Supreme Court in the case of State of Punjab & Ors. v. Rafiq Masis (White Washer); 2015 (4) SCC 334.

In view thereof, the amount could not have been recovered.

Once the recovery is barred in terms of the law laid down in the case of Rafiq Masih (supra), the undertaking given by the petitioner as relied upon by the respondents would be of no avail to the respondents.

In view of the above, the writ petition is allowed.

Respondents are directed to refund the amount of Rs.3,52,494/- deducted from the retiral dues to the petitioner within a period of two months from the date of production of a certified copy of this order.

Order Date :- 2.12.2022

nishant