Lal Chandra Mishra v. State of U.P Thru Prin Secy Panchayati Raj Lucknow and Ors.
Case brief
What is this about?
WRIT - A No. 25659 of 2021; Lal Chandra Mishra v. State of U.P. (Panchayati Raj); Allahabad High Court Lucknow Bench; Pankaj Bhatia, J.; order dated 16.5.2023; recovery of excess salary payment Rs. 5,34,893/- from retired employee; revision of salary w.e.f. 2008; deduction from gratuity; refund with 7% per annum interest; State of Punjab v. Rafiq Masih (White Washer) (2015) 4 SCC 344 followed; impugned orders dated 12.5.2021 and 9.7.2021 set aside; last pay drawn withheld; fresh order after hearing; recovery after retirement barred.
What did the court decide?
Writ petition disposed of: impugned orders dated 12.5.2021 and 9.7.2021 (including the recovery order dated 9.7.2021) set aside; the amount of Rs. 5,34,893/- deducted from the petitioner's gratuity to be refunded with interest at 7% per annum from the date of adjustment till actual payment/realisation; respondents at liberty to pass a fresh order on the withheld last pay drawn after hearing, within three months.