ARUN KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri O.P.Srivastava, learned counsel for the petitioner and Sri Sanjay Sarin, learned Standing Counsel for the opposite-parties. The grievance of the petitioner is pertaining to the Office Order dated 9.7.2008 issued by Prabhari Chikitsa Adhikari, Primary Health Centre, Kasmanda, district Sitapur for recovery of Rs. 25,545/- from the petitioner. The submission of the learned counsel for the petitioner is that Late Smt. Sarla Srivastava was working as Health Supervisor under the supervision of opposite-party no.4, who was on leave from 26th September, 2002 to 13th March, 2004 and she died on 13th March, 2004. In the meantime, the increment was due to Late Sarla Srivastava and the same was added in her salary. In para 4 of the counter-affidavit, it has been averred by the State that without joining, the increment is not allowed, hence the recovery of Rs. 25,545/- is being made. Due to this recovery, the retiral benefits have been withheld by the opposite-parties. After hearing counsels for both the parties at length and on perusal of the record, I am of the opinion that Late Smt. Sarla Srivastava was on leave with effect from 26th September, 2002 to till her death i.e. 13th March, 2004. There was no question of her joining. The increment was given to her as per law. When she died, there was no question of her joining, hence no recovery can be made after her death pertaining to the increment which was already due and legally added to her salary. Hence, the impugned order dated 9.7.2008 (Annexure No.1 to the writ petition) has no merit and the same is quashed. Therefore, no recovery can be issued against Late Smt. Sarla Srivastava pertaining to the increment given to her. I further direct the opposite-parties to determine and release her retiral benefits to her legal heir(s) expeditiously, preferably within a period of two months after receiving the certified copy of this order. With the above directions, the writ petition stands allowed.