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Kamla Prasad Singh v. State Of U.P. And Others - WRIT - A No. 54060 of 2006  RD-AH 17365 (9 October 2006)
Court No. 38
Civil Misc. Writ Petition No.54060 of 2006
Kamla Prasad Singh
State of U.P. and others.
Hon'ble V.K. Shukla,J.
In the present writ petition, petitioner who had been performing and discharging his duty as Junior Engineer, has approached this court requesting therein that for quashing of the order dated 10.8.2006, by means of which directives have been issued that excess payment had been made to the petitioner, as such said amount be recovered and gratuity amount of petitioner be withheld.
Brief background of the case is that while petitioner was performing and discharging his duty w.e.f. 1.7.1987as Junior Engineer. Petitioner was accorded Selection Grade of Rs. 690-1420 and thereafter time scale of Rs. 2200-4000 w.e.f. 5.1.1987. At no point of time, during his entire career any objection was raised and after petitioner had attained the age of superannuation, then it has been sought to be contended that petitioner was wrongly accorded selection grade and wrongly accorded time scale and in this background amount in question has been sought to be recovered and gratuity amount of petitioner has been sought to be withheld.
On the presentation of the writ petition, learned Standing Counsel was directed to obtain necessary instruction and relevant record has also been produced. Record in question reveals that petitioner, at no point of time, has committed any fraud or misrepresentation. Petitioner was accorded Selection Grade of Rs. 690-1420 and thereafter time scale of Rs. 2200-4000 w.e.f. 5.1.1987. Petitioner has contended that, at the point of time, when he attained the age of superannuation this objection has been sought to be raised, which is too late in the day 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 the dictum of aforementioned judgment, excess amount which has been paid to petitioner on account of wrong fixation, by no stretch of imagination can be recovered. However, for the purposes of pension, after giving opportunity of hearing, fixation can be made.
In this view of fact, order dated 10.8.2006 passed by the respondent no.2 to this extend directing recovery of amount is hereby quashed and set aside. Respondents are directed to release balance amount preferably within three months from the date of receipt of certified copy of this order.
With these observations, writ petition is allowed.
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