RAM BRIKSHA RAM Vs. STATE OF U P

JUDGEMENT

(1.) THE present writ petition has been filed for quashing the order dated 31-3-2005 (Annexure 7 to the writ petition) and order dated 31-1-2005 (Annexure 5 to the writ petition) passed by respondent No. 2. Further issuing a writ in the nature of mandamus directing the respondent No. 2 not to deduct the amount of Rs. 82,147 from the retiral benefits of the petitioner.

(2.) THE question involved in the present writ petition for consideration by this Court is whether certain benefits like pay- scale and grade given by the respondent to the petitioner during service and amount received in lieu thereof can be recovered after the retirement or not.

(3.) IT has been submitted on behalf of the petitioner that the respondent No. 2 has got no authority to recover the amount already received by the petitioner. If the amount has been paid to the petitioner by the respondent without any misrepresentation or fraud played by the petitioner. Before passing the order of deduction no notice and opportunity was given to the petitioner, as such, order passed by the respondent No. 2 is wholly illegal, arbitrary and against the principle of natural justice.