Shyam Lal vs State Of U P And 4 Others
2022 Latest Caselaw 18224 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 19051 of 2022
 

 
Petitioner :- Shyam Lal
 
Respondent :- State Of U P And 4 Others
 
Counsel for Petitioner :- Dhiranjan Singh Patel,Suryaprakash Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikram D. Chauhan,J.

Learned counsel for the petitioner submits that the petitioner was working on the post of Head Constable and has retired on 31st January, 2021. By the impugned order, recovery of excess payment has been made while finalizing retiral dues of the petitioner. The recovery of excess payment has been made without granting any opportunity of hearing and neither it has been disclosed in the impugned order that under what circumstances the extra payment was made.

The submission of the learned counsel for the petitioner is that the impugned order in so far as it directs recovery of excess payment is hit by the judgment passed by the Apex Court in the case of State of Punjab Vs. Rafiq Masih (White Washer), 2015 (4) SCC 334 and in Civil Appeal NO.7115 of 2010, Thomas Daniel Vs. State of Kerala and others.

Learned Standing Counsel prays for and is granted two weeks time to seek instructions in the matter.

List on 8th December, 2022.

Till the next date of listing, no recovery in pursuance to the impugned order shall be made from the petitioner.

Order Date :- 21.11.2022

Bhaskar