KRISHNA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The present Writ Petition has been filed by the Petitioner under Article 226 of the Constitution of India making the following prayers:

(2.) It appears that the Petitioner was appointed in the Institution, namely, I.E.R.T. Allahabad, as Lecturer with effect from 10th June, 1966. The Petitioner retired from his service on 30th June, 2000. After his retirement, the pension of the Petitioner was fixed on the basis of Rs. 12,925/- as his salary. Further, the Petitioner was paid the amount of gratuity but an amount of Rs. 30,000/- was withheld from the amount of gratuity payable to the Petitioner. The Petitioner made representation raising his grievance regarding withholding of Rs. 30,000/- from the amount of gratuity payable to him.

(3.) The Respondent No. 3 sent a Communication dated 3rd July, 2003 (Annexure 4 to the Writ Petition) to the Respondent No. 4, inter alia, intimating that the excess payment of salary had been made to the Petitioner on account of wrong fixation of increment in respect of the Petitioner, and therefore, the amount which would be recoverable from the Petitioner in regard to excess payment of salary, be computed so that the withheld gratuity of the Petitioner could be released.