Ramesh Chandra Yadav vs The State Of U.P. And 2 Others
2022 Latest Caselaw 22295 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 17839 of 2021
 

 
Petitioner :- Ramesh Chandra Yadav
 
Respondent :- The 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 04.08.2021 passed by the respondent no. 3, whereby an amount of Rs. 03,01,986/- has been recovered from the leave encashment of the petitioner towards the alleged excess payment made to the petitioner, a copy whereof is already contained in Annexure-1 to the writ petition;

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to refund the amount of Rs. 03,01,986/- to the petitioner which has been illegally and arbitrarily recovered from the leave encashment of the petitioner which cannot be recovered in the light of the judgment delivered by the Hon'ble Supreme Court in State of Punjab and others Versus Rafiq Masih (whitewasher) and others reported in 2015(4) S.C.C. 332;

(iii) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 05.05.2021 as well as due drawn Chart dated NIL, a copy whereof is already contained in Annexure-7 to the writ petition;"

Learned Standing Counsel has filed 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 04.08.2021 is set aside. The respondents are directed to refund the amount of Rs.03,01,986/- deducted from the petitioner within a period of two months from today.

The writ petition is allowed.

Order Date :- 21.12.2022

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