STATE OF U.P. Vs. SURESH CHANDRA SRIVASTAVA

JUDGEMENT

(1.) WE have heard Sri Pankaj Rai, learned Additional Chief Stand­ing Counsel appearing for the appellants and Sri J.P. Sharma learned Counsel appearing for the respondent.

(2.) THE respondent while working as Supply Inspector retired on 31.7.2006 after attaining the age of superannuation. After his retirement an order dated 30.8.2007 has been passed by the appellant No. 5 to recover the amount of Rs. 42.302/- from the gratuity of the respondent which was paid in excess from the year 1979 as the salary was erroneously fixed Rs. 560/- instead of Rs. 545/- per month.

(3.) FOR the aforesaid reason, we do not find any illegality in the impugned order passed by the learned Single Judge. The appeal lacks merit and is dis­missed.