AVINASH CHAND GOEL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Ram Mohan, Learned Counsel for the Petitioner. Learned Standing Counsel appears for the State Respondents.

(2.) The Petitioner retired as Senior Medical Officer (Stores) serving in the office of Chief Medical Officer, Muzaffarnagar w.e.f. 21.12.2004. A letter was sent to him by Director (Pensions), Indra Bhawan, Lucknow on 31.5.2005, alleging that he was wrongly given the pay-scales w.e.f. 1.1.1986. He was directed by letter dated 14.12.2005, of Chief Medical Officer, Muzaffar Nagar to deposit Rs. 1,76,950/- for releasing the terminal benefits.

(3.) The Petitioner deposited Rs. 23,950/- on 26.12.2005, and thereafter in pursuance to the letter of the Chief Medical Officer, Muzaffarnagar dated 27.12.2005, he deposited the remaining amount of Rs. 1,53,000/-, as a condition for releasing his terminal benefits. The pension payment order was issued on 28.2.2006. The Petitioner made a protest to the wrong fixation and recovery and prayed for refund of Rs. 1,76,590/-, which was deposited by him under duress to avail the remaining terminal benefits. The representation dated 6.10.2006 has not been decided and instead a letter was sent by the Deputy Director of Pension to the Chief Medical Officer, Muzaffarnagar on 18.6.2007 informing him that the senior scale and the notional promotion on the post of Joint Director were allowed to the Petitioner without approval of the competent authority.