Ramesh Kumar Trivedi vs State Of U.P. Thru.Prin.Secy. ...
2023 Latest Caselaw 15103 ALL

Citation : 2023 Latest Caselaw 15103 ALL
Judgement Date : 12 May, 2023

Allahabad High Court

Ramesh Kumar Trivedi vs State Of U.P. Thru.Prin.Secy. ... on 12 May, 2023

Bench: Abdul Moin




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:32946
 
Court No. - 7
 

 
Case :- WRIT - A No. - 3482 of 2023
 

 
Petitioner :- Ramesh Kumar Trivedi
 
Respondent :- State Of U.P. Thru.Prin.Secy. Medical Health And Family Welfare And 2 Others
 
Counsel for Petitioner :- Prem Shanker Pandey,Abhishek Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abdul Moin,J.

Heard.

Under challenge is the show cause notice dated 25.4.2023, a copy of which Annexure No. 1 to the petition whereby the petitioner has been asked to show cause as to why the recovery should not be made from him as his payscale stood reduced from Rs. 1350-2200 to Rs. 950-1500 and the petitioner has drawn salary in the pay-scale of Rs. 1350-2200.

Learned counsel for the petitioner contends that against the show cause notice, he has already submitted the explanation vide letter dated 2.5.2023, a copy of which Annexure No. 11 to the petition.

He further states that petitioner has already retired from service on 30.4.2023 and his retiral dues are still withheld as such the respondent no.3 may be directed to consider the explanation of petitioner and pass a reasoned and speaking order within specified time.

Reliance has also been placed by learned counsel for the petitioner on the judgment of Hon'ble Supreme Court in the case of State of Punjab and Ors. Vs. Rafiq Masih reported in 2015 4 SCC 334 to contend that no recovery can be made from a retired employee subsequent to his retirement.

However, the petitioner has already submitted his reply to the aforesaid show cause notice. As such, the instant petition is disposed of with the direction to the respondent no. 3 i.e. Chief Medical Superintendent, District, Unnao to consider the explanation of the petitioner by passing a reasoned and speaking order within a further period of two weeks from the date of receipt of a certified copy of this order along with representation.

While serving the certified copy of this order on the respondent no. 3, the petitioner shall again annex the complete reply as has been given to the respondent no. 3.

Order Date :- 12.5.2023

Mohit Singh/-