Allahabad High Court
Ashok Kumar vs State Of U.P.Thru.Addl.Chief ... on 7 January, 2021
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- SERVICE SINGLE No. - 202 of 2021 Petitioner :- Ashok Kumar Respondent :- State Of U.P.Thru.Addl.Chief Secy.Technical Education & Ors. Counsel for Petitioner :- Shrawan Kumar Verma,Anamika Tiwari Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J.
Heard Sri Shrawan Kumar Verma, learned counsel for petitioner and learned State Counsel appearing on behalf of the State-respondents.
Petition has been filed against orders dated 02.12.2019 and the consequential order dated 15.12.2019 and 03.07.2020 whereby recovery has been directed against the petitioner on the fact that allegedly incorrect grade pay had been made admissible to the petitioner earlier by means of order dated 07.05.2015 issued by the State Government.
Learned counsel for petitioner has submitted that a perusal of the impugned orders will indicate that they are absolutely non-speaking in nature and are also against the law enunciated by Hon'ble Supreme Court in the case of State of Punjab vs. Mohd. Rafiq Mashi reported in (2015) 4 SCC 334 since, the orders do not indicate any fraud, manipulation or misrepresentation on the part of petitioner. It has been submitted that the petitioner has superannuated from service on 31.12.2017 but has not yet been paid the post retiral benefits.
Submission advanced by learned counsel for petitioner requires consideration for which opposite parties are granted four weeks' time to file detailed counter affidavit.
List on 22.02.2021.
In the meantime, operation of impugned orders dated 02.12.2019, 15.12.2019 and 03.07.2020 so far as it relates to petitioner shall remain stayed.
In view of fact that petitioner has already superannuated from service on 31.12.2017, opposite parties are directed to make payment of post retiral benefits including pension forthwith within a period of aforesaid four weeks, in case there is no other legal impediment.
Order Date :- 7.1.2021 nishant/-