SHIV BHAWAN MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been preferred assailing the order dated 28/10/2009, in terms of which a sum of Rs 2 lakhs has been retained from being disbursed to the petitioner along with his other retiral dues. A perusal of the said order indicates that in the course of drawing up of pension papers of the petitioner it came to light that certain promotional pay scales were wrongly accorded to the petitioner and consequently a sum of Rs.2 lakhs approximately was paid to the petitioner in excess during his service. It was in the above background that the order impugned was passed.

(2.) THIS Court has heard the learned counsel for the petitioner and Shri Yatindra, learned Standing Counsel appearing for the State respondents. None has appeared on behalf of the respondent no.5.

(3.) IT appears that certain anomalies were noticed by the State Government with reference to the provisions of the Government Order dated 24/10/2007 and the consequential fixation of pay of non -teaching staff in institutions governed by the provisions of the Act, 1972. Aggrieved by the aforesaid, an association of non -teaching employees appear to have petitioned this Court by means of Writ Petition No.32103/2008. This Court after hearing parties disposed of the said writ petition with a direction requiring the Principal Secretary (Finance) Government of Uttar Pradesh to decide the claims set up by the Association. It appears that it was this order of the Court which prodded the Government into action and it was pursuant to the directions issued by this Court that the fixation of employees in the promotional pay scale was reconsidered. Consequent to the said reconsideration the respondents found that the petitioner in the course of his service had been paid a sum of Rs.2 lakhs approximately in excess and accordingly by the order dated 28/10/2009 provided that the aforesaid sum be withheld and the other retiral dues of the petitioner be released.