Court No. - 52

Case :- WRIT - A No. - 1552 of 2023

Petitioner :- Gopal Gupta

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Prashant Mishra,Sarveshwari Prasad

Counsel for Respondent :- C.S.C.

Hon'ble Vikram D. Chauhan,J.

The writ petition is filed with the following prayers:-

"a) a, writ, order or direction of a suitable nature commanding the

respondent directing the respondent no. 2 not to deduct, sum of the

deduction amount to the extent of Rs. 600000/- (Six Lacs) from the

retirement dues of the petitioner.

b) a writ, order or direction of a suitable nature commanding the

respondent to Sanction the recovery/deduction amount Rs.

600000/- (Six Lacs) to the petitioner within a period to be

specified by this Hon'ble Court and along with penal interest

thereon within such further period as may be fixed by this Hon'ble

Court."

It is submitted by learned counsel for the petitioner that the

petitioner has retired from the post of Head Constable from the

Provincial Armed Constabulary (Civil) on 31.10.2021, however, a

sum of Rs. 600000/- being the retiral dues have not been released.

In this respect, petitioner has filed a representation dated

20.6.2022, however, till date no order has been passed.

Learned counsel for the petitioner further submits that in view of

the law laid down by the Apex Court in State of Punjab Vs. Rafiq

Masih (White Washer) (2015) 4 SCC 334 and in Civil Appeal

No. 7115 of 2010 (Thomas Daniel Vs. State of Kerala and

others) even if any excess amount is paid to the petitioner, the

same cannot be recovered after the retirement of the petitioner.

Learned Standing Counsel for the respondent-State submits that

the petitioner may file a fresh representation before respondent no.

3 which shall be considered and decided in accordance with law in

a time bound manner.

Considering the facts and circumstances of the case and the

submissions of learned counsel for the parties, it is hereby directed

that the petitioner may file a fresh representation along with a

certified copy of this order before respondent no. 3 within a period

of fifteen days from today. In case such representation is filed

within the aforesaid period, the same shall be considered and

decided in accordance with law within a further period of one

month.

With the aforesaid observation/direction, writ petition is disposed

of.

Order Date :- 7.2.2023

VMA

Digitally signed by :-

VISHWA MOHAN ARORA

High Court of Judicature at Allahabad