JUDGMENT :

(Surendra Singh-I, J.)

1. This special appeal has been instituted against the order dated 26.4.2023 passed by learned Single Judge in Writ-A No. 33297 of 2013 (Suresh Chandra Asthana, S/O, S. N. Lal Asthana Vs. State Of U.P. And 3 Others). Vide impugned order, the learned Single Judge has directed the appellant no.2, Commissioner, Rural Development to refund the amount deducted from gratuity dues to the respondent-petitioners.

2. The writ petition was filed by the respondent-petitioner for quashing the order dated 31.10.019 passed by the respondent no.2 Project Director, District Rural Development Authority, Chandauli (hereinafter referred as ‘DRDA’). By the aforesaid order, Project Director passed an order for recovery of excess arrears of salary paid to the respondent-petitioner.

3. The writ petition was filed by the petitioner Surendra Chandra Asthana with the following prayer :-

"I. Issue a writ, order or direction in the nature of certiorari quashing the order dated 15.11.2011 passed by Commissioner Rural Development U.P. Lucknow respondent no. 2 and its consequential order dated 30.05.2013 Annexure no. 3 to this writ petition to the extent it relates to the recovery of