Ram Kumar Pno. 820560337 v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lucknow and 2 Others

Court No. - 20 Case :- WRIT - A No. - 9670 of 2023 Petitioner :- Ram Kumar Pno. 820560337 Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lucknow And 2 Others Counsel for Petitioner :- Gyanendra Nath,Lakhi Ram Badoni Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties. Petition has been filed challenging the impugned notice dated 16th November, 2023 whereby opposite parties have directed him to give a reply with regard to the fact that excess payment was made to petitioner which is required to be recovered/adjusted from post retiral benefits of petitioner. It has been submitted that by means of impugned notice, opposite parties have also directed petitioner to deposit a sum of Rs. 05,40,734/- within a period of seven days from the date of receipt of notice. Learned State Counsel on the basis of instructions however submits that recovery is sought to be made from petitioner in view of the government orders on the aforesaid aspect since petitioner was provided excess payment of salary. It is submitted that petitioner has already replied to the notice, final decision shall be taken very shortly. Considering aforesaid facts and circumstances as well as submissions by learned counsel for parties, the concerned authority is directed not to effect any recovery from petitioner until and unless final decision with regard to the notice dated 16th November, 2023 is made. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 18.12.2023 prabhat High Court of Judicature at Allahabad, Lucknow Bench