AWADH NATH TRIPATHI Vs. CHIEF DEVELOPMENT OFFICER

JUDGEMENT

(1.) Heard Sri Sanjay Srivastava and Sri Kshetresh Chandra Shukla on behalf of the petitioner and Standing Counsel on behalf of the respondents.

(2.) Awadh Nath Tripathi, the petitioner, who was a Gram Panchyat Adhikari, retired from Government service on 31.1.1999. The petitioner applied for payment of pension is accordance with the Rules applicable. The respondents, however, passed an order dated 17.2.2000 whereby it was directed that the petitioner was wrongly granted promotional scale with effect from 1.7.1991 and, therefore, the fixation of salary of the petitioner in the pay scale of Rs. 1350-2200 under order dated 23.3.1993 was being cancelled and re-fixation of salary of the petitioner was being directed. On the basis of the aforesaid order dated 17.2.2000 the respondents issued an order for recover}' of a sum of Rs. 71,312.00 from the petitioner and withheld the payment of pension to the petitioner. Petitioner has filed the present writ petition challenging the order dated 17.2.2000. In Para 10 of the writ petition it has been stated that the order dated 17.2.2000 has been passed without notice and opportunity of hearing in manifest violation of the principles of natural justice.

(3.) This Court while entertaining the said writ petition on 15.3.2000 passed an interim order whereby the order dated 17.2.2000 was stayed and the respondents were directed to release the entire retiral benefits to the petitioner within the time specified.