Muslim Husain (Retd. Com. Commander ) Pno No. 801060047 v. State of U.P. Thru. Its Prin.Secy. Deptt. of Home, Lko. and Others

Allahabad HC9 Jul 2024WRIA/5092/2024

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What is this about?

The High Court listed the applicant’s writ petition to ascertain the exact gratuity recovered, procedural compliance regarding opportunity of hearing, and the necessity of clarifying consent for excess payment prior to retirement.

What did the court decide?

Listed to ascertain amount recovered, procedural compliance, and necessity of clarification regarding consent for excess payment.

Muslim Husain (Retd. Com. Commander ) Pno… — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 4

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Case :- WRIT - A No. - 5092 of 2024

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Petitioner :- Muslim Husain (Retd. Com. Commander ) Pno No. 801060047 Respondent :- State Of U.P. Thru. Its Prin.Secy. Deptt. Of Home, Lko. And Others Counsel for Petitioner :- Ram Raj Ojha Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Ram Raj Ojha, learned counsel for the petitioner and Sri Vikash Singh, learned Standing Counsel for the State.

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By means of this petition the petitioner has prayed following relief :

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" i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 10.01.2023 passed by opposite party no. 4, so far provides Gratuity amounting to Rs. 1,01,648/- only, out of total gratuity Rs.173864 and withheld/recovered an amount of Rs.72,216, as contained in Annexure No.1 to the writ petition.

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(ii) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite parties to make the payment of Rs.72,216/- which has been recovered from the post retiral dues of the petitioner, within time stipulated by this Hon'ble Court.

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iii) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite parties to re-fix the pay scale of the petitioner as was fixed prior to passing of the impugned orders, with all consequential service benefits.

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Let the counter affidavit / short counter affidavit be filed within two weeks and no more time precisely on the point as to what amount has been recovered from the petitioner, as to whether before making recovery of the amount in question any show cause notice or opportunity of hearing was afforded to the petitioner and also as to whether any consent or undertaking had been given to the petitioner at the time of making any excess payment, if any, inasmuch as it is not clear from the perusal of the impugned order as to what amount has been recovered from the petitioner. The petitioner has retired from the post of 'Company Commander' on 31.8.2022 but impugned recovery has been executed by means of an order dated 10.1.2023.

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4. List on 26.7.2024 as fresh.

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Order Date :- 9.7.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Muslim Husain (Retd. Com. Commander ) Pno No. 801060047 v. State of U.P. Thru. Its Prin.Secy. Deptt. of Home, Lko. and Others

Case brief

What is this about?

What did the court decide?

Muslim Husain (Retd. Com. Commander ) Pno No. 801060047 v. State of U.P. Thru. Its Prin.Secy. Deptt. of Home, Lko. and Others

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