PARAS NATH GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Through this writ petition, the Petitioner has prayed for quashing the order dated 30.9.2004 passed by Joint Director Treasury and Pension, Allahabad, by which an amount of Rs. 23,000/- has been deducted from the amount of gratuity payable to the Petitioner.

(2.) The facts giving rise to this case are that the Petitioner was appointed as lower Division Clerk, in Medical and Health Department, and was posted at Faizabad in the year 1965 to be more specific on 11.1.1965. On 16.12.1968, he was promoted on the post of Uppar Division Clerk, and in 1995, he was again promoted to the post of Senior Clerk in the scale of Rs. 1350-2200/-. Again the Petitioner was promoted to the post of Head Clerk Grade II on 7.9.2000, and in the year 2002, he was assigned the post of Head Clerk Grade I i.e. the post of Office Superintendent. The Petitioner retired from service on 3.7.2004. However after retirement while paying the post retiral dues an amount of Rs. 23,000/- has been deducted from the gratuity of the Petitioner, on the ground, that while he was in service some excess payment has been made because of the wrong fixation of the salary for which the Petitioner was not entitled.

(3.) A counter-affidavit has been filed by the State Respondents. In paragraph No. 6 of the counter-affidavit, it is stated that the Government order on which basis excess payment was made, was later on withdrawn but the Petitioner has been receiving the excess payment inspite of the knowledge that he was not entitled for the same. It is also stated that for payment of post retiral dues, the Petitioner himself has given an application stating therein that his post retiral dues be paid and if any excess amount has been paid to him that may be deducted.