Court No. - 5
Case :- WRIT - A No. - 11018 of 2021
Petitioner :- Susama Joseph
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri R.S. Umrao, learned Standing Counsel for the respondents.
The petitioner by means of the present writ petition has assailed the condition no.16 of the order dated 03.07.2021 by which an amount of Rs.5,17,066/- has been deducted from the gratuity of the petitioner.
Sri R.S. Umrao, learned Standing Counsel on instruction, which is taken on record, submits that petitioner has been granted two increments wrongly, and therefore, excess payment on account of two increments which has been wrongly granted to the petitioner has been recovered from the gratuity of the petitioner.
Be that as it may, petitioner has retired on 31.05.2021 and in the light of jugement of Apex Court in the case of State of Punjab and Others Vs. Rafiq Masih (White Washer) 2015 (4) SCC 334, no recovery can be effected after retirement for the excess payment made.
It is not the case of respondents that two increments has been obtained by the petitioner fraudulently or by misleading the authorities.
Since the controversy as raised in the present writ petition is squarely covered by the judgement of Apex Court in the case of Rafiq Masih (White Washer (supra), therefore, condition no.16 of order dated 03.07.2021 is set aside and writ petition is allowed with a direction to respondents to release amount of Rs.5,17,066/- in favour of petitioner within a period of one month from the date of production of certified copy of this order.
Order Date :- 29.10.2021 Sattyarth