RAM DULAR SINGH Vs. DIRECTOR PANCHAYAT RAJ LUCKNOW

JUDGEMENT

(1.) R. B. Misra, J. Heard Sri B. S. Pandey, learned counsel holding brief of Sri A. K. Dwivedi, learned Counsel for the petitioner as well as Sri S. S. Sharma, Sri Deepak Sharma, learned Standing Counsel for the State.

(2.) IN this writ petition the order dated 23-6-1998 and 7-11-1998 (Annexures 1 and 2) have been challenged whereby the benefits towards earned leave, G. P. F. , gratuity etc. were directed to be recovered. The petitioner was working on the post of Gram Panchayat Adhikari as a category 'd' Class-IV employee and in terms of circular dated 29-2-1992 was to serve upto the age of 60 years. The petitioner was to be retired at the age of 58 years. He approached this Court and filed writ petition No. 19981 of 1991, Ram Dular Singh v. State of U. P. and others, and by virtue of interim order dated 3-6-1992 the petitioner was allowed to work upto the age of 60 years and was retired attaining the age of 60 years. When the above writ petition was finally adjudicated the different counsel appearing for the petitioner has got the writ petition No. 19981 of 1992 dismissed as not pressed on 28-2-1997 (Annexure-3 to the writ petition ). Consequent upon to the dismissal of the writ petition the respondent authority started to recover the benefits accrued to the petitioner in the intervening period after 58 years of age and before retirement at the age of 60 years. Since the petitioner has already rendered the service and for that he has been paid the salary and according to the G. O. dated 29-2-1992 the petitioner was to be retired at the age of 60 years. Therefore, the petitioner was rightly allowed to work and was given due payment to him. By dismissal of the writ petition No. 19981 of 1992 the benefits given to the petitioner for the period of petitioner's age of 58 years to 60 years cannot be recovered. From this point of view the order dated 23-6-1998 and 7-11-1998 are not legally sustainable as such these are set aside and the writ petition is allowed accordingly and the petitioner's post retirement benefits shall be given expeditiously. Petition allowed. .