Court No. - 58
Case :- WRIT - A No. - 20744 of 2019 Petitioner :- Yogendra Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Kishore Yadav Counsel for Respondent :- C.S.C.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.
The present petition seeks to raise a challenge to the orders dated 31.07.2019 and 16.09.2019 in terms of which certain amount has been directed to be deducted from the gratuity amount due to the petitioner on account of certain excess payment stated to have been made to him.
Counsel for the petitioner states that the aforesaid order has been passed without notice or opportunity to him and in this regard he places upon the judgment in the case of State of Punjab Vs. Rafiq Masih (2015) 4 SCC 334 to contend that the recovery from the retiral dues would not be permissible.
However, since in terms of the order dated 16.09.2019 a direction has been issued to the Senior Treasury Officer, Ballia to make payment of the gratuity amount to the petitioner after making the appropriate deduction, counsel for the petitioner makes a prayer that he may be permitted to make a representation before the authority concerned for release of the entire amount of the gratuity due to him without making any deduction.
Learned Standing Counsel appearing for the State-respondents does not object the prayer so made.
Having regard to the aforementioned facts and circumstances the writ petition is disposed of with liberty to the petitioner to file a representation before respondent no.4 placing on record the complete facts in respect of his claim within a period of two weeks from today.
In case such a representation is filed within the aforesaid time period alongwith a certified copy of the order passed by this Court the same would be considered and disposed of by the authority concerned within a period of four weeks thereafter.
Order Date :- 19.12.2019/Shahroz (Dr. Y.K. Srivastava,J.)