Rajeev Misra, J. - (1.) The present writ petition filed by the petitioner Sukhu Ram under Article 226 of the Constitution of India seeks to challenge the order dated 22.2.2013 passed by the respondent No. 1 the Principal Secretary, Department of Home, Government of U.P., Lucknow (Annexure 8 to the writ petition), whereby a sum of Rs. 12,90,623/- has been directed to be recovered from the pension and other post retiral dues of the petitioner. A further prayer has been made for issuing a writ of certiorari to quash the consequential order dated 11.3.2013 passed by the respondent No. 3 the Finance Controller, U.P. Police Headquarters, Allahabad (Annexure 16 to the writ petition) in so far it directs that the entire amount payable to the petitioner towards gratuity and computation be adjusted towards the recovery of the amount directed to be recovered from the petitioner, vide order dated 22.2.2013. The petitioner has further prayed for a writ of mandamus commanding the respondents to calculate the correct post retiral and pensionary benefits of the petitioner by computing the same as per the recommendation of the VIth Pay Commission and consequently pay the amount so calculated without making any deduction. Lastly it has been prayed that the outstanding post retiral dues and pensionary benefits of the petitioner be paid with 18% compound interest.
(2.) We have heard Mr. Rajesh Nath Tripathi, the learned counsel for the petitioner and Mr. R. P. Dubey, the learned Additional Chief Standing Counsel representing the respondents.
(3.) The facts of the case so far they are necessary for the points involved may be very shortly stated. The petitioner Sukhu Ram was initially appointed as a Constable in the Provincial Armed Constabulary (P.A.C.) in the year 1962 i.e. on 13.11.1962. Accordingly, the petitioner joined as Constable in the 27th Battalion P.A.C. at Sitapur. Subsequently, the petitioner was promoted to the post of Head Constable in the year 1973. Upon promotion, the petitioner joined at 11th Battalion P.A.C. Sitapur. Thereafter, the petitioner was promoted to the post of Platoon Commander in the year 1978. This was followed by the promotion of the petitioner to the post of Reserve Inspector in the year 1984. The petitioner was thereafter transferred to the Civil Police. Again, the petitioner was transferred to the IXth Battalion, P.A.C. Mirzapur. In recognition of the commendable services rendered by the petitioner, the President of India awarded Police Medal to the petitioner. Thereafter, the petitioner was promoted to the post of Quarter Master and posted in the XXXIX Battalion P.A.C. Mirzapur. Ultimately, the petitioner was promoted to the post of Deputy Superintendent of Police. Upon promotion, the petitioner joined at XXXVIth Battalion P.A.C. Ram Nagar, Varanasi. In the year 1988, the petitioner was transferred to the Civil Police and posted at Jhansi. Thereafter, again the petitioner was posted as Assistant Commandant XXXIXth Battalion P.A.C., Mirzapur. Subsequently, the petitioner was transferred and posted as Deputy Superintendent of Police in Civil Police at District Ballia in the year 2001. Lastly, the petitioner was posted as Zonal Officer, Aligarh. Ultimately, the petitioner superannuated from his services upon attaining the age of superannuation on 30.11.2004 from the post of Deputy Superintendent of Police.;