WPSS/574/2021
2021 Latest Caselaw 1736 UK

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                                     WPSS No.574 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Via video conferencing).

Mr. Lalit Samant, Advocate, for the petitioner.

Ms. Anjali Bhargava, Standing Counsel, for the State of Uttarakhand.

Though this writ petition has been filed highly belatedly, where the petitioner has question the impugned orders of 19.11.2019 and the order dated 07.12.2019, which has been passed by the respondent no.4, by virtue of which, certain deductions have been directed to be made from his retiral benefits on account of the wrongful entry allegedly made to the petitioner, in the E-payment of the pensionary benefits, to the petitioner and it was contended in the impugned orders that an excess payment for the period from 01.01.2009 to 30.06.2018, has been made to the petitioner.

The petitioner contends that he has attained the age of superannuation and had retired from the service on 31.12.2018, and the deductions which has been directed to be made, is arbitrary, because the petitioner was not instrumental in a wrongful making of an entry of the E-payment pensionary benefits.

Being conscious of the fact that this writ petition has been filed at a belated stage, but because it is not the case of the petitioner that the impugned orders were never served upon the petitioner, but the fact which has been brought on record is that the Committee of Management on 11.01.2021, had made certain recommendations to the respondent nos.3 and 4, to take the decision over the controversy in question.

It is made clear that without venturing into the merits of the controversy at hand, this writ petition is being disposed of merely on a humanitarian and equitable ground, directing the respondent no.2, to take a decision on the recommendation which has been made by the Committee of Management on 11.01.2021.

The District Magistrate, Pithoragarh, is directed to take a decision on the recommendation referred above, within a period of six weeks from the date of a presentation of a certified copy of this judgment before him.

Subject to the above, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 25.05.2021

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