Pradeep Kumar Singh Baghel, J. - (1.) BY means of the present writ petition, under Article 226of the Constitution, the petitioner has sought a direction to the respondents to release the amount of Rs. 72,500/ -with interest at the rate of 18 percent per annum, which has been arbitrarily deducted from his gratuity.
(2.) THE petitioner on 1.6.1966 was appointed on the post of a Sepoy in Agriculture Department. He earned his promotion on the post of Assistant Development Project (A.D.P.), Krishi Raksha. He attended the age of superannuation on 31.1.2005. After his retirement, on 14.3.2005, the Additional Director (Treasury and Pension) Allahabad, issued a communication to Treasury Officer, Fatehpur, for the payment of his pension. However, Rs. 72,500/ -has been deducted from his gratuity, on the ground that due to the wrong pay fixation made through the letter dated 17.8.1991. The petitioner was provided selection grade w.e.f. 1.7.1982, however, his entitlement was from 1.7.1985 and as such excess payment of Rs. 72,500/ -was made to him. The said amount was deducted from his gratuity. The petitioner is aggrieved by the said action. I have heard the learned counsel for the petitioner Sri Akhilesh Kumar and Vijay Mahendra and learned Standing Counsel for respondents. Learned counsel for the petitioner contended that there was no fraud or misrepresentation on the part of the petitioner. It was an inadvertent mistake by the respondent in granting the selection grade w.e.f. 1.7.1982 in place of 1.7.1985. Thus, the said amount cannot be deducted from his gratuity. The respondent nos. 1 and 2 have filed a counter affidavit. In paragraph no. 8 of the said counter affidavit, the stand taken by them, for the sake of convenience, is extracted herein below;. That the petitioner had attained the age of superannuation on 31.01.2005 and his pension papers were forwarded to the office of the Additional Director Agriculture ( Treasury and Pension), Allahabad on 03.03.2005 in which no deduction has been made and the Additional director Agriculture ( Treasury & Pension), Allahabad by his letter dated 14.3.2005 sanctioned the pension of the petitioner after making deduction of Rs. 72500/ -from the gratuity of the petitioner as due to wrong pay fixation made through letter dated 17.08.1991 by which the petitioner was provided selection grade with effect from 01.07.1982 in place of 10.07.1985, he was already paid excess amount to the tune of Rs. 72500/ -, therefore, the aforesaid amount has rightly been deducted from the gratuity of the petitioner. The petitioner is neither entitled for the aforesaid amount, nor he is entitled for any interest thereon.
(3.) ON the close perusal of the pleadings exchanged in between the contesting parties, I am of the firm view that adjusting the alleged amount of Rs. 72,500/ -is arbitrary and illegal. There is no allegation in the counter affidavit that the petitioner had made any misrepresentation. It was an inadvertent mistake on part of the respondents in granting the selection grade from 1.7.1982 in place of 1.7.1985.;