Smt. Meeta Saxena vs State Of U.P.Thru.Addl.Chief ...
2022 Latest Caselaw 6427 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 
Case :- WRIT - A No. - 4087 of 2022
 
Petitioner :- Smt. Meeta Saxena
 
Respondent :- State Of U.P.Thru.Addl.Chief Secy.Deptt. Of Medical Health And Family Welfare Services And 4 Others
 
Counsel for Petitioner :- Ram Kumar Srivastava Ram Kumar,Gaya Prasad
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Alok Mathur,J.

Heard Shri Gaya Prasad, learned counsel for the petitioner as well as learned Standing Counsel appearing on behalf of opposite party.

By means of the present petition the petitioner has challenged the order dated 27.05.2022 passed by the Chief Medical Officer -Kheri whereby the excess payment of gratuity which was paid to the late husband has been deducted from the arrear of the family pension admissible to the petitioner.

Learned counsel for the petitioner has assailed the said order on the ground that no opportunity of hearing was granted to the petitioner prior to passing of the said order and no details of the said recovery have been given to the petitioner. He further submits that a perusal of the order dated 27.5.2022 also indicates that no details have been given and, hence, the order on the face of it is a non-speaking order having been passed in gross violation of principle of natural justice. Learned counsel for the petitioner further submits that said order is clear violation of the judgment of the Hon'ble Supreme Court passed in the case of Rafiq Masih.

Learned Standing counsel prays that he may be granted three weeks' time for filing counter affidavit.

List this case in the week commencing 08.8.2022. Till the next date of listing operation of the order dated 27.5.2022 passed by the CMO Kheri shall remain stayed. The present interim order shall not prevent the opposite parties from proceeding to pay the family pension to the petitioner.

Order Date :- 8.7.2022

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