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RAJESH SINGH CHAUHAN
Rajendra Prasad Shuka – Appellant
Versus
State of Uttar Pradesh Thru. Addl. Chief Secy. / Prin. Secy. Home Deptt. Lko. – Respondent
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Heard Sri Pranav Mishra and Sri Ratnesh Singh, learned counsels for the petitioner and Sri Sandeep Sharma, learned Standing Counsel for the State.
2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to refund the amount deducted from the post of retiral dues of the petitioner without any diminution to his emoluments."
3. The precise contention of learned counsel for the petitioner is that the petitioner retired from the post of Follower, which is a Class-IV post, on 30.06.2022 while serving at Sitapur. The petitioner is aggrieved from the order dated 29.04.2023 passed by the Superintendent of Police, District-Sitapur indicating therein that the petitioner retired on 30.06.2022 and on 30.07.2022 the Finance Controller of the Police Department found that the petitioner was paid some excess amount to the tune of
Recovery of excess payments from retired Class-IV employees is impermissible without due process and violates principles of natural justice.
The petitioner's undertaking at the time of payment bound him to refund any excess payment detected later, even after retirement.
Recovery of excess salary payments from retired employees is impermissible unless specific conditions are met, as established in Rafiq Masih.
Point of Law : Service - Post retiral dues - Neither the excess amount, which has been paid w.e.f. 12.7.2002 when the petitioner completed 24 years of service, may be recovered from the petitioner no....
No disciplinary proceedings are pending against the petitioner. Under such circumstances, withholding of retirement benefits under the guise of the impugned Memo is unjust, arbitrary.
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