- (1.) The Petitioner is a retired Class-IV employee of Nagar Palika Parishad, Garhmukteshwar, district Ghaziabad.
(2.) This writ petition has been filed praying for quashing of the order dated 29th June, 2007 and the order dated 4th July, 2007 whereby the Respondent No. 2-Nagar Palika Parishad, on the basis of objections raised in an audit report has proceeded to recover an amount of Rs. 64,365 from the Petitioner, on the ground that the Petitioner was supposed to retire in the year 2006 in view of his recorded date of birth as 24.9.1946, whereas the Petitioner on the basis of an alleged manipulation in the date of birth recorded as 1.1.1948 continued to serve even after retirement, and hence the amount is recoverable.
(3.) Sri Vishnu Sahai, learned Counsel for the Petitioner contends that the entire action taken by the Respondents on the basis of the audit report is without giving any notice or opportunity to the Petitioner and, therefore, the recovery sought to be made is in violation of principles of natural justice. He further submits that the post retiral benefits of the Petitioner have been withheld for no valid reason and as a matter of fact, the date of birth of the Petitioner was corrected by the employer way back in the year 1973. Sri Vishnu Sahai relies on the documents filed alongwith the counter-affidavit to demonstrate that a request was made by the Petitioner for ascertaining his correct age before the Chief Medical officer and the same was duly verified by the Medical Officer that in the year 1973 the Petitioner was about 25 years of age.;