Abdul Moin, J. - (1.) Heard learned counsel for the petitioner and learned Standing counsel appearing for the State-respondents.
(2.) By means of the present petition, the petitioner has prayed for the following reliefs:- " (I) Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 02.01.2018 and 02.05.2018 passed opposite party no. 3 as contained in Annexure no. 2 and Annexure no. 4 to this writ petition, so far it relates to withheld/recovery of an amount of Rs. 1,28,118/- from the gratuity of the petitioner. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to forthwith release the amount of Rs. 1, 28,118/- which is illegally withheld/recovered from the gratuity of the petitioner along with interest at the rate of 18 % per annum from the due date till date of actual payment is made. (iii) Pass any other suitable order or direction which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case. (iv) Allow the writ petition with costs".
(3.) The case set forth by the petitioner is that he was appointed in the year 1984 on the post of driver a Class III post in the Agricultural Department and in the year 1986 was transferred to Lucknow where he continued to work in the capacity of driver and he retired on attaining the age of superannuation on 31.12.2017. For the first time on 02.01.2018 vide a letter, a copy of which is annexure 2 to the writ petition, the respondent no. 3 informed the petitioner that the pay fixation of the petitioner for the period from 1999 has been found to be erroneous. The letter explicitly states that at the time when the petitioner was given the first promotional pay scale in the year 1998, the pay increment given to him w.e.f 01.01.1999 was not as per rules. The said anomaly or error has been discovered subsequently. It is contended that as annual increment of the year 1999 was erroneously granted w.e.f 01.01.1999 instead of 01.11.1999, consequently the benefit granted to the petitioner after 24 years of service after grant of the second promotional pay scale by giving the petitioner an additional increment w.e.f 27.11.2008 has also been found to have been granted erroneously and thus vide order dated 29.08.2017, the correct pay fixation has been done. On account of the said facts as noticed by the department, it has been discovered that an amount of Rs. 1,28,118/- has been given in excess to the petitioner which requires a recovery to be made and thus it has been directed that the aforesaid amount be recovered from the gratuity of the petitioner.;