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.

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, quashed the order dated 31.01.2024 and granted liberty to the respondents to pass a fresh order in accordance with law but after issuing show cause notice to the petitioner.

5. A Show Cause Notice dated 03.04.2024, a copy of which is Annexure-4 to the petition, was issued to the petitioner. The petitioner claims to have submitted his reply on 08.04.2024 and 30.04.2024.

6. Vide order dated 10.05.2024, a copy of which is Annexure-7 to the petition, an order of recovery was again passed against the petitioner. Being aggrieved the petitioner filed Writ A No.4742 of 2024 In Re Anil Kumar Gangwar vs State of U.P. & Ors. This Court vide interim order dated 27.06.2024, a copy of which is Annexure-8 to the petition, stayed the recovery initiated against the petitioner in pursuance to the order dated 10.05.2024 until further orders. It is stated that the said writ petition is still pending before this Court for consideration.

7. Subsequent thereto the respondent No.2 passed the impugned order dated 31.07.2024, a copy of which is Annexure-11 to the petition, whereby the respondent No.3 has been informed that in pursuance to the order of the writ court dated 27.06.2024, no recovery is to be made from the pension of the petitioner but the revised pension payment order dated 31.07.2024 was being sent to the respondent No.3.

8. The revised pension payment order dated 31.07.2024, a copy of which is part of Annexure-11 to the petition (Page 83), would indicate that the pay of the petitioner has been reduced which according to the petitioner was earlier Rs.56,200/- which now stands reduced to Rs.52,950/- as indicated in the pension payment order. This also stands indicated in the order dated 29.08.2024, a copy of which is Annexure-10 to the petition, which has been issued by the Lucknow Development Authority, which indicates the earlier pay of the petitioner was Rs.56,200/- vis a vis Rs.52,950/- as finds place in the revised pension payment order.

9. On the basis of the order dated 31.07.2024 another order dated 29.08.2024, a copy of which is Annexure-10 to the petition was issued which indicates reduction in the pay of the petitioner which the petitioner was drawing at the time of his retirement and the Lucknow Development Authority having written to the bank for deduction of amount of Rs.35,579/- per month from the pension of the petitioner. The order also contains a note for not deducting any amount till further orders.

10. Being aggrieved the instant writ petition has been filed.

11. Contention of the learned counsel for the petitioner is that despite the order of the writ court dated 19.03.2024 which had granted liberty to the respondents to pass a fresh order after due opportunity of hearing to the petitioner, the Show Cause Notice dated 03.04.2024 that has been issued to t