High Court of Judicature at Allahabad
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Rameshwar Prasad v. State Of U.P. Thru' Secretary Ministry Of Agriculture & Ors. - WRIT - A No. 64182 of 2006  RD-AH 20000 (24 November 2006)
Hon'ble Amitava Lala,J.
Since the appeal is already pending, we do not find any laches as pointed out by the department, however, it is formally condoned.
The contention of the petitioner is that after retirement an order has been passed by the authority for recovery of certain amount already paid during his service career before the appellate authority which is impugned herein.
In disposing the writ petition we are of the view that the petitioner is entitled to make an application before such appellate authority as early as possible challenging the order impugned required recovery of amount during the pendency of the appeal. It is not appropriate for this writ court to interfere such order when the appeal is pending.
However, no order is passed as to costs
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