OM PAL SINGH Vs. MEERUT DEVLOPMENT AUTHORITY

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri Rajesh Kumar Pandey, learned counsel appearing on behalf of the Respondents No. 1 to 3 and learned Standing Counsel appearing on behalf of the State Respondents No. 4 and 5.

(2.) This petition has been filed by the petitioner challenging the Order dtd. 17/5/2019 passed by the Respondents No. 2 and the Order dtd. 3/6/2019 passed by the Respondent No. 3.

(3.) It is the case of the petitioner that he was appointed on the post of Lekhpal on 16/10/1978 in Meerut Development Authority and after completing 36 years and 8 months of service, retired on 30/6/2015. The respondent No. 2 approved the grant of Gratuity, GPF and Leave Encashment dues to the petitioner by his order dtd. 29/6/2015. However, it appears that an audit team was constituted which conducted an audit of the Meerut Development Authority of the Financial Year 2013-14 and submitted an objection with regard to payment of excess salary to the petitioner on account of wrong pay fixation made by the department. On account of such audit objection, it was reported that R 7,08,502/- had been paid in excess to the petitioner as salary and along with allowances. The total amount paid in excess came out to be R 10,43,724/-. Such audit objections were directed by the Vice-Chairman, Meerut Development Authority to be examined by a Committee by his order dtd. 31/1/2018. The Committee also submitted a report on 16/3/2019 saying that the petitioner was appointed in the Development Authority, he could not have been given the salary of Lekhpal as admissible to the Revenue Department, and therefore, recommended the audit objections to be accepted and consequent revision in pay and allowances and final pension payment order to be made and the excess payment to be recovered from the retiral dues of the petitioner. As a result of such report being submitted on 16/3/2019, an order dtd. 17/5/2019 was passed by the respondent No. 2 directing recovery of R 10,43,724/- from the Gratuity and Leave Encashment of the petitioner. Consequently, recovery was made of R 8,43,025/- from the Gratuity and Leave Encashment dues of the petitioner, but R 02,00,699/- remained to be adjusted for which a recovery order was passed on 3/6/2019 by the Respondent No. 3 directing the petitioner deposit such amount of R 02,00,699/- in the Meerut Development Authority or else the same may be recovered by the Meerut Development Authority by other means.