LAWS(ALL)-2008-9-70

SHIV PRAKASH RICHARIYA Vs. STATE OF U P

Decided On September 26, 2008
SHIV PRAKASH RICHARIYA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) -Heard learned counsel for the petitioner and the learned standing counsel for the respondents.

(2.) BY means of the present writ petition the petitioner has prayed for quashing the order dated 7.9.2006 (Annexure-4 to the writ petition) passed by the respondent No. 3 by which an amount of Rs. 24,710, which was paid in excess to the salary, which the petitioner was entitled to receive, has been directed to be recovered from him.

(3.) AFTER issuance of order/letter dated 21.6.2006 by the respondent No. 4, the respondent No. 3 passed the impugned order dated 7.9.2006 illegally deducting a sum of Rs. 24,710, allegedly paid to the petitioner in excess of the salary, which the petitioner was entitled to receive on account of erroneous fixation of the petitioner's salary on 1.1.1986, from the amount of Rs. 2,56,041 which the petitioner was found entitled to receive by the same order towards his encashment and other retiral benefits. True copy of the order dated 7.9.2006 is appended as Annexure-4 to the writ petition.