JUDGMENT :

J.J. MUNIR, J.

1. The question involved in this petition is: Whether in case of a retired Group 'D' employee, any excess payment of emoluments made during the period of service, which he consents to refund out of his dues at a later point of time, if found erroneous, can be deducted from the employee's post retiral benefits? The other question is: Can recovery of emoluments paid by the employer due to an erroneous fixation be made on a mere objection by the Local Fund Audit, without opportunity of hearing to the employee and a proper order made to that effect?

2. The petitioner was a Chungi Munshi, a Group 'D' employee with the Nagar Palika Parishad, Basti. He attained the age of superannuation and retired from service on 30.04.2022. At the time of his retirement, the petitioner was in receipt of a basic pay of Rs.53,600/-. The petitioner says that he has never been subjected to any disciplinary action and his service record is unblemished. The Commissioner, Basti Division, Basti addressed a memo dated 21.07.2023 to the Branch Manager, State Bank of India, Basti, asking the latter, to pay the petitioner his gratuity in the sum of Rs.9,46,308/-. He also addressed another mem