Dilip Gupta, J. - (1.) The petitioner, who retired on 31st January, 2005 as Cane Development Inspector, has filed this petition for quashing the order dated 20th December, 2008 by which an amount of Rs. 20,000/ - has been deducted from the payment of gratuity to the petitioner since it was paid in excess to the petitioner while he was in service.
(2.) Learned Counsel for the petitioner submitted that since the petitioner was not at fault for wrong fixation of the pay, the said amount cannot be recovered from him after his retirement and in support of this contention he has relied upon a Division Bench judgment of this Court in Smt. Ramawati Devi v/s. State of U.P. and Ors., 2010 (5) ADJ 304.
(3.) Two counter affidavits have been filed on behalf of the respondents. In the counter affidavit filed by the District Cane Officer, it has been stated that due to clerical mistake, excess payment was made to the petitioner from 1981 till the date of his retirement and as the aforesaid infirmity was detected after his retirement an amount of Rs. 20,000/ - has been deducted from the retiral dues. In the counter affidavit filed on behalf of the Additional Director, Treasury and Pension, the same facts have been stated.;