Court No. - 38
Case :- WRIT - A No. - 16625 of 2006 Petitioner :- Smt. Vidyawati Respondent :- State Of U.P. And Others Counsel for Petitioner :- Vijay Gautam Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against orders dated 18.3.2005, 2.4.2005 and 14.9.2015, whereby recovery has been effected against the petitioner. A further prayer is made to command the respondents to refund a sum of Rs.1,84,598.84/-, which was deducted vide orders impugned on different dates.
Undisputed facts which emerge on record are that petitioner's husband Gopal Singh was a Head Constable in PAC and he died due to heart failure on 3.1.2005. In the year 1997 and 1998 petitioner's husband had suffered heart attack and had undergone bypass surgery at AIIMS. At the time of death petitioner's husband was posted at 8th Battalion PAC at Bareilly. After the death of petitioner's husband orders impugned have been passed directing a total sum of Rs.1,84,598.84/- to be deducted from terminal benefits due and payable to petitioner's late husband. Such amount in fact has been deducted from the dues which was payable to petitioner after death of her husband.
Learned counsel for the petitioner has placed reliance upon paragraph 12 and 13 of the writ petition as per which a sum of Rs.64,500/- was returned by petitioner's son on 18.11.2004 and a further sum of Rs.68,395.11/- was returned on 21.9.2005.
Averments made in para 12 and 13 of the writ petition are not disputed. Alongwith counter affidavit a chart/report dated 2.3.2005 has been annexed which takes note of such deposits and as per such report a sum of Rs.52077.20/- still remains payable from the petitioner.
Learned senior counsel for the petitioner states that at best a sum of Rs.52077.20/- could have been deducted from terminal benefits of petitioner's husband and the recovery of a sum of Rs.1,84,598.84/- is wholly without jurisdiction. Learned counsel further states that no opportunity has otherwise been afforded to petitioner before passing orders for adjusting the aforesaid amount of Rs.1,84,598.84/-.
In the counter affidavit filed by the State authorities it is admitted in para 19 and 21 that no opportunity of hearing has been given to the petitioner. Even otherwise, no amount from the dues payable to a deceased employee could be adjusted from his terminal benefits without affording opportunity of hearing.
In view of the facts and circumstances, noticed above, this Court finds that at best a sum of Rs.52077.20/- could be deducted from the dues payable to petitioner's husband and the recovery made from terminal benefits amounting to Rs.1,84,598.84/- is without jurisdiction.
Writ petition, consequently, succeeds and is allowed. Orders dated 18.3.2005, 2.4.2005 and 14.9.2015 are quashed. A direction is issued to the respondents to release all amount withheld from the terminal benefits over and above a sum of Rs.52077.20/-, within a period of two months from the date of presentation of certified copy of this order. Petitioner shall also be entitled to interest at the rate of 6% per annum upon the withheld amount.
Order Date :- 31.7.2019 Ashok Kr.