KAPIL DEV CHATURVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner for quashing of the order dated 21.01.2016 passed by Opposite Party No.3, the District Development Officer, District - Sultanpur, directing the Opposite Party No.4 the Senior Treasurer, District - Sultanpur to recover/adjust the excess payment made to the petitioner amounting to Rs.2,48,673/- from his gratuity amount and for a direction to the Opposite Party No.2 to make payment of gratuity amount along with interest, which has been recovered/adjusted by the impugned order dated 21.01.2016.

(2.) The petitioner retired from the post of Gram Vikas Adhikari (Class-III Post) on 31.01.2015. An order dated 31.10.2012 was issued by Opposite Party No.3, in which, the name of the petitioner found place at Sr. No.10, by which, the Grade Pay of the petitioner was upgraded from Rs.4,800/- to Rs.5,400/- w.e.f. 01.12.2008 in pursuance of the Government Orders issued from time to time and, thereafter, the petitioner had started getting the Grade Pay of Rs.5,400/- till the date of his retirement.

(3.) Learned counsel for the petitioner has submitted that after about one year of the retirement of the petitioner, the impugned order dated 21.01.2016 has been issued by the Opposite Party No.3 directing the Opposite Party No.4 to recover/adjust the excess payment made to the petitioner i.e. Rs.2,48,673/- from the gratuity amount along with interest. It is further submitted that the order dated 21.01.2016 has been passed in contravention of principles of natural justice, since prior to the passing of the order, neither any show cause notice was given to the petitioner, nor any opportunity of hearing was provided.