Back
IN THE HIGH COURT OF ALLAHABAD
Hon'ble Abdul Moin,J.
Anil Kumar Gangwar – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Lko – Respondent
JUDGMENT :
Abdul Moin, J.
1. Heard.
2. Instant writ petition has been filed seeking following reliefs:-
"(a) issue a writ, order or direction in the nature of certiorari quashing the orders dated 31.07.2024 and 29.08.2024 as contained in Annexure no.11 & 10 respectively to this writ petition.
(b) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to not to reduce the basis monthly pension of the petitioner from Rs.56,200/- to Rs.52,950/- per month and restore the monthly basic pension of the petitioner at Rs.56,200/- per month and continue to pay him pension at that rate.
(c)...."
3. Bereft of unnecessary details the facts of the case as set forth by the petitioner are that the petitioner retired on attaining the age of superannuation on 30.04.2021. All the dues were paid to the petitioner on 22.05.2021. All of sudden, pay of the petitioner was reduced and a recovery ordered vide order dated 31.01.2024, a copy of which is Annexure-2 to the petition.
4. Being aggrieved the petitioner filed Writ A No.1336 of 2024 In Re Anil Kumar Gangwar vs State of U.P. & Ors. This Court vide order dated 19.03.2024, a copy of which is Annexure-3 to the petition, quash
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.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
Recovery of excess payments from Class-III employees is impermissible without misrepresentation, emphasizing the employer's responsibility for errors.
An employee cannot seek to overturn a recovery from dues if they knowingly provided consent for the recovery and were involved in the pay fixation process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
