Court No. - 28
Case :- WRIT - A No. - 42225 of 2016 Petitioner :- Suryabali Singh Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Brij Raj Counsel for Respondent :- C.S.C.,A.K.Narayana,Anadi Krishna Narayana,Satish Mandhyan
Hon'ble Siddharth,J.
Heard Shri Brij Raj, learned counsel for the petitioner and Shri Anadi Krishna Narayana,learned counsel for the respondents.
The petitioner has filed the writ petition challenging the order dated 11.8.2016 passed by the Secretary, Krishi Utpadan Mandi Samittee, Leriyari, Allahabad, respondent No.5, whereby the deduction of Rs.3,34,144.00/- has been made from his gratuity. Further prayer has been made by the petitioner for direction to the respondents to refund the aforesaid amount alongwith the interest.
A perusal of the impugned orders shows that it has been passed on the ground that excess payment of salary amounting to Rs.3,34,144.00/- was made to the petitioner and after adjusting the same from the dues of his gratuity, the remaining amount was directed to be paid to the petitioner. The petitioner has retired from service on 31.1.2015 and the impugned order has been passed on 11.8.2016. The order further shows that no opportunity of hearing was granted to the petitioner before passing the impugned order of deduction in recovery from his gratuity.
In view of the ratio laid down by the Apex Court in the case of State of Punjab Vs. Rafiq Masih 2015 (4) SCC 334, the impugned order dated 11.8.2016 passed by the Secretary, Krishi Utpadan Mandi Samittee, Leriyari, Allahabad, is hereby quashed. The amount of Rs.3,34,144.00/- shall be refunded to the petitioner with 7 per cent interest within six weeks from today. The notice of this order is deemed sufficient on the respondent No.5 through his counsel present in Court.
The writ petition is allowed. No costs.
Order Date :- 23.2.2018 Ruchi Agrahari