Allahabad High Court
Dr. Avinash Chand Goel vs State Of U.P. And Others on 5 July, 2010
Bench: Sunil Ambwani, Kashi Nath Pandey
Court No. - 29 Case :- WRIT - A No. - 18358 of 2008 Petitioner :- Dr. Avinash Chand Goel Respondent :- State Of U.P. And Others Petitioner Counsel :- Ram Mohan Respondent Counsel :- C.S.C. Hon'ble Sunil Ambwani,J.
Hon'ble Kashi Nath Pandey,J.
The petitioner retired in the year 2004. By this writ petition filed on 7.4.2008 the petitioner has challenged the recovery of Rs. 1, 76, 950/- from his retiral benefits on the ground of wrong fixation of pay, in the promotional pay scales.
A preliminary objection has been taken by the State respondents that the petitioner has deposited the entire amount on 15.4.2006 and has thus acquiesced to the order. He filed this writ petition after two years challenging the recovery on the ground of wrong fixation.
It is submitted that the petitioner was under coercion of the circumstances in which his dues were pending and thus he was forced to deposit the amount.
We do not find that any substantial amount, over and above the amount sought to be recovered, was to be paid to the petitioner for having accepted the order of recovery.
The necessary facts, which may constitute coercion to get over the principle of acquiescence, have not been placed on record.
The petitioner wants to file supplementary affidavit. He prays for and is allowed two weeks' time to file supplementary affidavit.
List on 27.7.2010.
Order Date :- 5.7.2010 RKP