MOHI LAL YADAV Vs. STATE OF U.P. & ORS.
LAWS(ALL)-2010-3-215
HIGH COURT OF ALLAHABAD
Decided on March 18,2010

Mohi Lal Yadav Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioner, learned standing counsel and pe­rused the affidavit filed on behalf of the re­spondents.
(2.) THE petitioner attained his age of super­annuation on-21.1.2006. While preparing his documents in relation to the post retrial ben­efits, deductions have been made from gra­tuity of the petitioner on the allegation that the petitioner has been paid salary in excess of what he was entitled due to wrong fixa­tion in the year 1984. It is the said difference in amount which was sought to be deducted and accordingly the petitioner was informed by the respondents to that effect. The writ petition has been filed prima­rily on the ground that no such deductions could have been made as there was no fault on the part of the petitioner nor was there any allegation of fraud or misrepresentation, and secondly the impugned order is in violation of principles of natural justice.
(3.) I have considered the aforesaid submis­sions and have also perused the affidavit and considered the stand of the State wherein it is alleged that the petitioner was wrongly given the pay scale of Rs.450-540 from 1.7.1982 whereas the selection grade was admissible to the petitioner w.e.f. 1.5.1984.;


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