RAJENDRA SINGH SENGAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties 1,2 and 4 and Sri Dipak Seth learned counsel appearing for opposite party No.3. Petition has been filed against recovery orders directing adjustment to be made from the post retiral benefits of petitioner.

(2.) During pendency of petition, the sole petitioner passed away and has been substituted by his legal heirs to whom cause to sue survives.

(3.) As per the averments made in the petition, the petitioner was initially appointed as a Constable in Civil police in 1964 and thereafter superannuated from service on 31st December, 2004. It has been stated that although 90% of general provident fund was released to him but remaining 10% was not paid whereafter impugned recovery orders have been issued.