Paras Nath v. M.D. (Rural) U.P. Jal Nigam Lko. and 2 Others
Case brief
What is this about?
A writ petition challenging post-retirement deduction of Rs. 3,63,826/- from the petitioner's gratuity and leave encashment. The court held that such recovery is impermissible without an undertaking given at the time of excess salary payment, citing Supreme Court precedents, and directed the respondent to revisit the decision.
What did the court decide?
writ petition disposed with direction to respondent to revisit decision to deduct post-retirement dues absent undertaking; decision due within one month.
What the court decided
Neutral Citation No. - 2023:AHC-LKO:34015
Court No. - 17
Case :- WRIT - A No. - 1263 of 2023 Petitioner :- Paras Nath Respondent :- M.D. (Rural) U.P. Jal Nigam Lko. And 2 Others Counsel for Petitioner :- Bipul Kumar Singh,Sati Prasad Singh @ Satish Kumar Singh
Counsel for Respondent :- Rishabh Kapoor
Hon'ble Pankaj Bhatia,J.
(I.A. No. 2 of 2023)
The amendment application has been filed seeking to rectify the typographical error in the petition.
On due consideration, the application is allowed.
Let the necessary correction be incorporated in the petition during the course of the day.
(Order on Petition)
Heard.
Issues for consideration
2 issues framed by the court
Whether post-retirement recovery of excess salary paid to the petitioner can be effected without an undertaking from the petitioner at the time of payment.
Whether the Supreme Court's decisions in Rafiq Masih and Thomas Daniel apply to the present case of post-retirement deduction recovery.
Parties & counsel
- petitioner
Paras Nath
- respondent
M.D. (Rural) U.P. Jal Nigam Lko.
Coram
Pankaj Bhatia
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- /1263/2023
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