Vijayi vs State Of U.P. And 2 Others
2022 Latest Caselaw 21513 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 13490 of 2022
 

 
Petitioner :- Vijayi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Bramh Narayan Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard the counsel for the petitioner and the learned Standing Counsel.

The present petition has been filed with the following prayers:

"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 10.12.2021 passed by the Commandant 42nd Battalion P.A.C. Naini District Prayagraj, copy whereof is contained as Annexure-1 respectively to the accompanying writ petition;

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to refund the amount of Rs.2,97,274/- which has been recovered from the Petitioner towards the excess payment made to the Petitioner which cannot be made in the light of the judgment delivered by the Hon'ble Supreme Court in State of Punjab and others Versus Rafeek Masih (whitewasher) and others reported in 2015 (4) SCC 32."

Learned Standing Counsel has filed the counter affidavit which states that the petitioner was granted the benefit on account of wrong fixation and subsequent to the retirement of the petitioner when it was found that the petitioner has been paid excess amount, recoveries have been effected. The instructions are taken on record.

The counsel for the petitioner states that the recovery is contrary to the law as laid down by Hon'ble the Apex Court in the case of State of Punjab and others vs. Rafiq Masih (White Washer) etc.: 2014 Law Suit (SC) 1075.

In view of the stand of the Standing Counsel that the recoveries have been made on account of the wrong fixation and there being no denial that the petitioner was working on a Class IV post, clearly the recovery from the petitioner is contrary to the law as laid down by Hon'ble the Apex Court in the case of Rafiq Masih (supra), as such, the writ petition is allowed. Order dated 10.12.2021 is set aside. The respondents are directed to refund the amount of Rs.2,97,274/- deducted from the petitioner within a period of two months from today.

The writ petition is allowed.

Order Date :- 16.12.2022

VNP/-