Allahabad High Court
Faiyazuddin Siddiqui vs State Of U.P. & Others on 7 January, 2010
Author: Amreshwar Pratap Sahi
Bench: Amreshwar Pratap Sahi
Court No. - 38 Case :- WRIT - A No. - 290 of 2010 Petitioner :- Faiyazuddin Siddiqui Respondent :- State Of U.P. & Others Petitioner Counsel :- Md. Imran Khan,Sayed Nadeem Ahmad Respondent Counsel :- C.S.C.,J.P. Pandey Hon'ble Amreshwar Pratap Sahi,J.
Learned counsel for the respondents prays for and is granted 3 weeks to file counter affidavit.
One week is granted to file a rejoinder affidavit.
List thereafter.
The contention raised on behalf of the petitioner is that deduction of the alleged incorrect payments, which have been made to the petitioner during his service period, ,can not be made from the pensionary benefit. He contends that the petitioner has already retired from service and the recovery is unjustified.
Learned counsel for the petitioner has relied upon the Division Bench decision in the case of V.K.Upadhyaya Vs. State of U.P. reported in 2009(5)ADJ 100 and the decision of the Apex Court in the case of Paras Nath Singh Vs.State reported in 2009 (6) SCC 314.
On the other hand learned counsel for the respondents relying upon the decision of the learned Single Judge of this Court in case of Smt.Sushila Kanaujiya Vs. State of U.P. reported in 2009(4) ADJ 119 contends that such recovery can be made.
I have heard learned counsel for the parties and I am prima facie of the view that the recovery can not be made in view of the Full Bench decision in the case of Surya Dev Misra vs. State reported in 2006(1) ESC Page 379.
Accordingly , the respondents are restrained from making any further recovery from the petitioner.
Order Date :- 7.1.2010 mna