Uttarakhand High Court

WPSS/791/2025 on 15 May, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
D1-
09                                WPSS No.791 of 2025
                                  Hon'ble Ravindra Maithani, J.

Mr. Sandeep Kothari, Advocate for the petitioner.

Mr. R.S. Bisht, Additional C.S.C. for the State.

Heard.

Admit.

Learned C.S.C. takes notices for the respondent nos. 1 to 3.

Respondents may file counter affidavit within four weeks.

Two weeks, thereafter, rejoinder affidavit, if any, may be filed.

List this matter on 14.07.2025 along with WPSS No.1893 of 2024.

No extension of time shall be granted for completing pleadings to either of the parties because the issue is quite small with regard to recovery from a retired employee.

Heard on Stay Application, IA No.1 of

It is the case of the petitioner that he was working in the respondent's department and retired on 30.06.2024. He was not paid his retiral benefits. Therefore, he had filed WPSS No.1893 of 2024 in which yet counter affidavit has not been filed. In the meanwhile, the respondent- authorities has passed a pay fixation order dated 28.04.2025, by which the pension of the petitioner has been reduced and it is recorded in the pay fixation order that the recovery shall be made.

Learned counsel for the petitioner would submit that the petitioner is a Group C employee; he never misrepresented or played any fraud to receive any money from the respondent-department. Therefore, in view of the judgment passed by the Hon'ble Supreme Court in the case of State of Punjab and Others Vs. Rafiq Masih, (2015) 4 SCC 334, recovery may not be made from the petitioner.

Having considered, as an interim measure, till the next date of listing, the respondents are directed not to recover any amount from the retiral dues of the petitioner.

Stay Application stands disposed of, accordingly.

(Ravindra Maithani J.) 15.05.2025 RV