Ram Lal Rajak v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 5 Others

Court No. - 4

Case :- WRIT - A No. - 4704 of 2024

Petitioner :- Ram Lal Rajak Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 5 Others

Counsel for Petitioner :- Prabhu Sharan Counsel for Respondent :- C.S.C.

Hon'ble Abdul Moin,J.

Heard.

Contention of learned counsel for the petitioner is that the petitioner has retired from the service on 31.07.2023 while working as Sub Inspector. Subsequent to his retirement, the respondents have issued the impugned order dated 30.03.2024 whereby his pay has been lowered and re-fixed w.e.f 01.10.2008. Copy of the said order is annexure 1 to the writ petition. Subsequently, by means of order dated 17.05.2024, a copy of which is annexure 3 to the writ petition, an amount of Rs. 5,72,389/- has been adjusted from his retiral dues.

Placing reliance on the judgment of the Apex Court in the case of State Of Punjab & Ors vs Rafiq Masih (White Washer) reported in AIR 2015 SUPREME COURT 696, the contention is that no recovery can be made from a retired employee.

Learned Standing counsel prays for and is granted two weeks time to file a short counter affidavit.