O.P. Garg, J. - (1.) The petitioner. Bhola Nath Yadav. who was employed as Head Clerk in the office of the District Inspector of Schools (for brevity 'D.I.O.S.'), Allahabad, has challenged the order dated 17.2.1996 and the subsequent order dated 18.2.1997 whereby a sum of Rs. 1,36,235.25 p. is sought to be recovered from him by way of deducting the same from his retiral benefits.
(2.) Counter and rejoinder-affidavits have been exchanged. Heard Sri B. P. Srlvastava, learned counsel for the petitioner as well as learned standing counsel on behalf of the respondents.
(3.) The petitioner was working as Senior Clerk in the office of D.I.O.S., Allahabad. His date of birth according to High School Certificate is 8th September, 1935. On attaining the age of 58 years, he was to stand superannuated on the last date of the month, i.e., 30th September, 1993. Amazingly, the petitioner continued to work even after the aforesaid date of retirement and he was superannuated on 27th February 1996 by the department. Surprisingly enough, after the aforesaid date of retirement, the petitioner was also given promotion to the post of Head Clerk in the aforesaid office on 4.4.1995.;