LALTA PRASAD PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned standing counsel for the State.

(2.) The challenge in this writ petition is to the directions issued under the impugned order for deducting the excess amount of payment made to the Petitioner from his gratuity after his retirement on the allegation that the selection grade awarded to the Petitioner has been wrongly calculated while he was in service.

(3.) Learned Counsel for the Petitioner contends that such matters have been engaging the attention of this Court as well as the Apex Court that after retirement any amount, which has been paid on account of an incorrect calculation, cannot be recovered, inasmuch as, there is no element of fraud or misrepresentation on the part of the Petitioner. Learned Counsel for the Petitioner in support of his contention cited the decision of this Court in the case of Dr. Gopal Ji Misra v. State of U. P. and Ors., 2004 3 AWC 1922.