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RAJESH SINGH CHAUHAN
Aniruddh Singh – Appellant
Versus
State Of Uttar Pradesh Thru. Prin. Secy. Agricultural Deptt. Lko – Respondent
JUDGMENT :
(Rajesh Singh Chauhan, J.)
1. Heard Sri Ravi Singh, learned counsel for the petitioner and Sri Ashwani Kumar Singh Rathore, learned Standing Counsel.
2. By means of the present petition, the petitioner has prayed the following main reliefs:
II. To issue a writ, order or direction of or in the nature of certiorari, thereby quashing the order dated 07.09.2024, contained in Annexure No. 2 to this writ petition.
III. To issue a writ, order or direction of or in the nature of mandamus directing the respondents not to recover any amount from the petitioner in pursuance of impugned orders 06.09.2024 & 07.09.2024, contained in Annexure No. 1 & 2 to this writ petition.
IV. To issue a writ, order or direction in the nature of mandamus directing the respondents to release her entire post retiral dues including pension, gratuity, leave encashment within the period to be fixed by this Hon'ble Court."
3. Learned counsel for the petitioner has stated that the petitioner has retired from the post of Senior Assistant from the o
Recovery of excess salary from retired employees is impermissible without prior notice or undertaking, as established by Supreme Court precedents.
Recovery of excess payments from retired Class-IV employees is impermissible without due process and violates principles of natural justice.
Recovery of salary from retired employees is impermissible without due process, especially when it exceeds five years, as established in Rafiq Masih.
Recovery from retired employees is impermissible when excess payments were made without misrepresentation, as per established legal precedents.
The petitioner's undertaking at the time of payment bound him to refund any excess payment detected later, even after retirement.
Recovery from retired employees is impermissible unless an undertaking was provided prior to retirement, and pay re-fixation cannot occur after a long time gap.
The main legal point established in the judgment is the requirement to provide an opportunity of hearing before passing orders involving civil consequences and monetary impact on the employee.
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