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RAM NARAIN LAL AND ANOTHER versus STATE OF U.P. THRU' ITS SECRETARY MIN. OF MEDICAL & HEALTH

High Court of Judicature at Allahabad

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Ram Narain Lal And Another v. State Of U.P. Thru' Its Secretary Min. Of Medical & Health - WRIT - A No. 78435 of 2005 [2006] RD-AH 12207 (25 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

22

Hon'ble V. K. Shukla, J.

Against petitioners, decision has been taken by the respondents to recover the excess amount, which had been paid to them on account of wrong fixation of selection grade and promotional pay scale.

Undisputed position is that as far as petitioners are concerned, they had no role to play in the matter of fixation. It were the  authorities who had accorded fixation. Petitioners have contended that at the point of time when they attained the age of superannuation this objection has been sought to be raised, which is too late to raise such objections.  A Division Bench of this Court in the case of State of U.P. and others vs. State Public Services Tribunal reported in  2004 (1) UPLBEC 127 has taken the view that where incumbent is not at all responsible  for such wrong fixation, by no stretch of imagination such direction can be issued for recovery of the amount. Consequently, following aforesaid decision, it is hereby directed that excess amount paid to the petitioner on account of wrong fixation of selection grade and promotional pay scale is not liable to be recovered, and further in case till date retiral dues and pension etc. have not been finalized, immediate steps be undertaken for ensuring payment of such amounts, preferably, within a period of four months from the date of receipt of  certified copy of this order. It is also made clear  that on delayed payment simple interest at the rate of 6% per annum shall be payable from due date till the date of actual payment.

In case, petitioner is still occupying official accommodation, he is directed to vacate the same simultaneously. It is also directed that for unauthorized occupation (i.e. from the date of retirement till it is vacated), if any, penal rent shall be charged from petitioner.      

Subject to  observations made above, writ petition stands allowed.

25.07.2006

SRY.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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