SANJAY MISRA, J. - (1.) HEARD learned Counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) COUNTER and rejoinder affidavit have been exchanged. The petitioner has amended this writ petition to assail the order dated 17.3.2006 whereby the representation of the petitioner has been rejected by the respondents in pursuance of an interim order passed by this Court to decide the representation during pendency of this writ petition.
(3.) THE petitioner is also aggrieved by the order dated 20.5.2000 (Annexure No. 1 to the writ petition) passed by the Finance Controller, Medical and Health Department, U.P., Lucknow whereby a sum of Rs. 99,212\- has been deducted from his pensionary benefits on the ground that it is the amount which has been paid to the petitioner in excess. According to learned Counsel for the petitioner, the impugned order dated 20.5.2000 and order dated 17.3.2006 are liable to be set aside inasmuch as the said deduction could not be made from the post retiral benefits of the petitioner since the pay scales paid to the petitioner were by virtue of a judgment dated 28.8.1989 passed by the U.P. Public Service Tribunal, Lucknow in Claim Petition No. 91/11/1986, Hari Ram Srivastava v. State of U.P. and another. In the said claim petition, the petitioner was applicant No. 2 and the claim petition was allowed by directing the respondents to give to the petitioners pay in the pay scale of Rs. 470-735/- revised from time to time since the date of their entitlement with all consequential service benefits such as arrears of salary and allowances etc. According to learned Counsel for the petitioner, the said judgment of the Tribunal was executed by the petitioners and they were granted the aforesaid pay scales along with all arrears. Consequently, he submits that the deduction on the ground that pay scales were wrongly admitted to the petitioner cannot be made by the impugned order.;