RAM CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner was appointed on the post of Clerk in the year 1962 and retired from the post of Stenographer on 30th May, 2004. Pursuant to his retirement, the petitioner was paid his gratuity, provident fund and other retirement dues. In the year 1983, pursuant to the Government Order dated 04.02.1983, the petitioner was granted a time bound pay-scale upon competition of 10 years service. After retirement, the respondents realized that the time bound pay-scale should not have been given to the petitioner from 1983, but should have been given from 1985 onwards and consequently issued an order dated 06th September, 2004, directing the stoppage of Rs. 60,000/- from the gratuity and deduction of Rs. 229/- per month from the pension till the life time of the petitioner. The petitioner being aggrieved by the aforesaid action of the respondents, has filed present writ petition.

(2.) The learned counsel for the petitioner submitted that the time bound pay-scale was given to the petitioner in accordance with law as per the Government Order dated 04th Feburary, 1983 and that the petitioner under no circumstances, misrepresented or concealed any material fact and that the time bound pay-scale was given by the respondents on their own violation as per the Government Order.

(3.) The learned counsel further submitted that if any extra payment was made wrongly by the respondents, the petitioner can not be faulted nor any such amount given in good faith could be recovered.