LAWS(ALL)-2011-7-11

LAL MANI MISHRA Vs. STATE OF U P

Decided On July 12, 2011
LAL MANI MISHRA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Standing Counsel for the State - Respondents.

(2.) This petition has been filed seeking a writ of mandamus to command the Respondents to refund Rs. 35,712/- recovered from gratuity, Rs. 12587/- recovered from encashment and Rs. 2401/- being difference amount of encashment adjusted from the gratuity of the Petitioner, total amounting to Rs. 50,700/- deducted from the post retiral benefit of the Petitioner.

(3.) The sole question which arises for consideration in this petition is whether certain monetary benefits extended to the Petitioner on account of revision of pay scale or grade during service can be recovered after his superannuation on the allegation that it was paid on account of some mistake or wrong calculation.