D E NATHAN Vs. NAGAR PALIKA KOTDWAR; PRESIDENT NAGAR PALIKA; DIRECTOR, LOCAL BODIES UTTAR PRADESH; STATE OF UTTAR PRADESH THROUGH SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the order dated 30.04.1990, passed by respondent No. 3, and consequent order dated 22.05.1990, passed by respondent No. 2, whereby direction has been issued to recover the excess payment, made to the petitioner during the period he held post of Head Clerk in Nagar Palika, Kotdwar.

(2.) Heard learned counsel for the parties and perused the affidavits, counter affidavits and rejoinder affidavits.

(3.) Brief facts of the case are that the petitioner was Accounts Clerk/Accountant with Nagar Palika, Kotdwar. The post of Head Clerk fell vacant on 30.11.1985 and the petitioner was promoted on said post on 02.12.1985 (copy annexure-3 to the writ petition) by the Administrator, Nagar Palika, Kotdwar. Annexure-3 to the writ petition, shows that copy of said promotion order was endorsed to the Director, Local Bodies (respondent No. 3) for approval. Petitioner "™s case is that neither respondent No. 3 nor respondent No. 4, informed the petitioner or the respondents No. 1 and 2 till the petitioner retired as Head Clerk on 31.08.1989 that the promotion order suffers from any illegality, nor any disapproval was communicated. Not only this, the petitioner was re-appointed after his retirement as Head Clerk, vide order dated 04.09.1989 (copy annexure-4 to the writ petition), issued by respondent No. 4. While, the petitioner was working as Head Clerk on reappointment after his retirement, impugned communication dated 30.04.1990, received by respondent No. 2, wherein it is mentioned that since the post of Head Clerk comes under a Centralised service, as such, the petitioner could not have been promoted by the Administrator and the recovery of excess payment be made from the petitioner. Consequently, respondent No. 2 issued letter dated 22.05.1990, accordingly. Hence this petition on the ground that the impugned orders are illegal. The writ petition was filed before Lucknow Bench of Allahabad High Court in the year 1990, and is received by this Court under Section 35 of U.P. Reorganisation Act, 2000, in the year 2007, for its disposal.