- (1.) VINEET Saran, J. The petitioner retired from the post of Lab Technician on 31-3-2001. Although the petitioner had completed all the formalities with regard to payment of his retiral benefits but the respondents have declined to pay the same and passed the order dated 17-11-2005 directing recovery of certain amount from the petitioner towards certain excess payment made to him from the year 1975 to 2001. Aggrieved by the aforesaid order, the petitioner has filed this writ petition with the prayer that the respondents be directed to pay his retiral benefits alongwith interest.
(2.) I have heard Sri P. R. Maurya, learned Counsel for the petitioner as well as learned Standing Counsel appearing for the respondents. Pleadings between the parties have been exchanged and with consent of learned Counsel for the parties, this writ petition is being disposed of at this stage. It is not the case of the respondents that excess payment or payment of higher pay scale to the petitioner was caused on account of any fraud or misrepresentation on the part of the petitioner. The said excess payment made to the petitioner during his service period was because of wrong calculation at the end of the respondent-authorities and not because of any fault of the petitioner. As such, in the aforesaid circumstances, the petitioner cannot be penalized for any excess payment nor any recovery can be made from him. A similar view has been taken by a Division Bench of this Court in the case of State of U. P. and Ors. v. State Public Services Tribunal, U. P. , Lucknow and Anr. , (2004)1 UPLBEC 127. In view of the aforesaid, this writ petition deserves to be allowed.
(3.) ACCORDINGLY, this writ petition is allowed. The order dated 17-1-2005 is quashed. The respondents are directed to pay the petitioner all his retiral benefits on the basis of the pay scale, which he is found entitled to. The arrears of retiral benefits shall be paid to the petitioner within three months from today, failing which the petitioner shall be entitled to payment of 9% interest from the date of his entitlement till the date of actual payment. It is further provided that after 3 months from today the petitioner shall be paid his pension to which he is found entitled to, regularly month by month. No order as to cost. Petition allowed. .;