Court No. - 16
Case :- WRIT - A No. - 31410 of 2009 Petitioner :- Lakshmi Narayan Mishra Respondent :- State Of U.P. & Others Counsel for Petitioner :- R.K. Singh,R.K. Tripathi,S. Tripathi,S.K. Tiwari,S.Trivedi,Sheshadri Trivedi Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral) Sri Mewa Lal Shukla, appears in this case. There is an illness of Sri S.K. Tiwari, learned counsel for petitioner. Sri Mewa Lal Shukla says that Sri S.K. Tiwari is no longer counsel and he has also given a no objection on the Vakalatnama of later counsel. Therefore, the matter is not adjourned.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner is aggrieved by the order dated 31.08.2006 passed by the Deputy Director Education (Madhyamik) Allahabad by which he had directed the Finance And Accounts Officer Allahabad to recover an amount of Rs.87,233/- from pension and other retiral dues of the petitioner.
It has been submitted that petitioner was appointed initially as a three language Teacher (Tribhasha Adhyapak) in Goswami Tulsidas Krishak Inter College, Koraon, District Allahabad. He continued in the C.T. Grade till 01.01.1986 when he was given a next higher grade to L.T. Grade. He performed his duties and was given salary of L.T. Grade till his retirement on 30.6.2006. After his retirement the respondent no.3 has passed the impugned order saying that because of wrong calculation of salary which was granted earlier to the petitioner, excess payment has been made from the Public Exchequer which needs to be recovered.
It has been submitted by the learned counsel for petitioner that L.T. grade salary was given to the petitioner by the respondent no. 4 and not by any misrepresentation or fraud practiced by the petitioner, therefore, in view of the law settled in State of Punjab and others ETC Vs. Rafiq Masih (White Washer) ETC 2015 (4) SCC 334, no recovery can be made from the petitioner after his retirement. Even otherwise the petitioner has taught in the institution for almost 40 years and is a senior citizen and cannot be harassed by the respondents.
Learned Standing Counsel on the other hand has pointed out from the counter affidavit that the petitioner although was engaged as three language Teacher (Tribhasha Adhyapak) he did not possess the required educational qualification as he was merely Shashtri which is a B.A. degree issued from Sampurnanand Sanskrit Vishwavidyalaya. He did not possess any qualification for teaching English or any other subject for classes IX and X and therefore, he could not have been given L.T. Grade. This fact came to light only when the petitioner retired and his papers were submitted for pension payment order to be issued.
After considering the rival submissions, I find that the petitioner had worked for 10 years as C.T. Grade Teacher before he was granted L.T. Grade. He had sufficient teaching experience.
In view of the law settled by Hon'ble Supreme Court in State of Punjab and others ETC (Supra) where the Supreme Court has held that recovery from retired employees or employees who are due to retire within a year of the order of recovery should not ordinarily be made, and also that excess payment which has been made for a period in excess of five years, before the order of recovery is issued, should also not be ordinarily made, especially when the employee has not resorted to any misrepresentation or fraud in getting the benefit of higher pay.
The writ petition is allowed quashing the order impugned dated 31.8.2006. The respondent no. 3 is directed to look into the matter and consider the same afresh within a period of 2 months from the date a certified copy is produced before him and pass appropriate orders directing release of retiral dues of the petitioner.
Counsel for the petitioner has prayed for interest for belated payment of his retiral dues. The respondent no. 3 shall refer to the Government Orders in this regard and fix the responsibility before any orders are passed regarding interest. The petitioner in his representation shall indicate the details of his claim.
Order Date :- 31.10.2018 Meenu