Ram Karan Singh vs The Managing Director U.P. Jal ...
2023 Latest Caselaw 15170 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:33284
 
Court No. - 17
 

 
Case :- WRIT - A No. - 3025 of 2023
 

 
Petitioner :- Ram Karan Singh
 
Respondent :- The Managing Director U.P. Jal Nigam (Rural) Lko. And 2 Others
 
Counsel for Petitioner :- Hina Gupta,Dr.Ved Prakash
 
Counsel for Respondent :- Samir Om
 

 
Hon'ble Pankaj Bhatia,J.

Heard Dr. Ved Prakash, learned counsel for the petitioner and Sri Madhav Om, Advocate holding brief of Sri Samir Om, learned counsel for the respondents.

Submission of learned counsel for the petitioner is that the petitioner had retired after attaining the age of superannuation on 31.07.2020. Though the pension was fixed but the revised pension was not being fixed therefore the petitioner had approached to this Court by means of Writ Petition Service Single No.24657 of 2021 in which a direction was issued for payment of the retiral dues. In pursuance thereof, no decision was taken therefore the petitioner had filed contempt petition. Thereafter the decision has been taken but the amount of Rs.3,33,141/- has been adjusted from the gratuity of the petitioner without affording any opportunity to the petitioner. Therefore the petitioner had preferred a representation for payment of the remaining amount of gratuity alongwith arrears of dearness allowance on 09.06.2022 but till date no decision has been taken.

Learned counsel for the petitioner relied on the judgment of the Hon'ble Supreme Court in the case of State of Punjab and others versus Rafiq Masih(White Washer) and others; 2015 4 SCC 334, wherein it has been held that no such recovery can be made after the retirement of employees particularly employees under the category of Class III and Class IV. Therefore the impugned recovery could not have been made from the retiral dues of the petitioner.

Learned counsel for the respondent does not dispute the legal proposition as argued by learned counsel for the petitioner and submits that the representation of the petitioner shall be considered and the withheld amount of gratuity shall be paid to the petitioner within the time frame fixed by this Court.

In view of above, the writ petition is disposed of with direction to the respondents to consider and dispose of the representation of the petitioner by a reasoned and speaking order and pay the withheld amount of gratuity to the petitioner as the same cannot be made in view of the judgment of the Hon'ble Supreme Court in the case of Rafiq Masih(supra) expeditiously say within a period of six weeks from the date of production of certified copy of this order.

Order Date :- 15.5.2023

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