State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and 4 Others v. Shyam Kishore
Case brief
What is this about?
State of U.P. v. Shyam Kishore; SPECIAL APPEAL DEFECTIVE No. 179 of 2025; Allahabad High Court Lucknow Bench; decision 30.4.2025; intra-court special appeal; Chapter VIII Rule 5 of Allahabad High Court Rules 1952; delay condonation 112 days; gratuity recovery Rs. 3,66,187 ordered 07.03.2024 set aside by writ Court in Writ A No. 4568 of 2024 (judgment dated 28.11.2024); revision of pay granted before retirement without misrepresentation; State of Punjab v. Rafiq Masih (Whitewasher), 2015 (4) SCC 334 relied upon; writ Court findings affirmed; appeal dismissed; refixation of salary for pensionary benefits left open to authority after notice; coram Attau Rahman Masoodi and Ajai Kumar Srivastava-I.
What did the court decide?
No relief to the appellant-State: the delay condonation application was allowed, the writ Court's findings/observations on the recovery question were affirmed without interference (so the set-aside of the gratuity recovery stands), and refixation of salary for pensionary benefits remains open to the authority per the writ Court.