The Allahabad High Court has directed refunding Rs 16,10,989 deducted from the retirement benefits of a petitioner who retired from the post of Surveyor of Irrigation Department, Aligarh, within three months.
A Single Bench of Justice Neeraj Tiwari passed this order while hearing a petition filed by Ashok Kumar Sharma.
The petition has been filed stating that the petitioner has retired from the post of Surveyor on 31.07.2024.
The petitioner said that after his retirement, dues amounting Rs 16,10,989 have been deducted/ recovered from the post-retiral benefits, which is contrary to law.
The Standing Counsel argues that the recovery certificate has been issued on account of wrong fixation of salary.
Undisputedly, the case of petitioner is squarely covered with the judgment of Rafiq Masih (supra) and petitioner was not responsible for fixation of incorrect pay scale and consequently for excess payment, the Court observed.
Therefore, under such facts and circumstances of the case, the Court quashed the order dated 07.09.2024 and writ petition is allowed.
The Court directed the respondent No 3 to release the entire deducted amount of Rs 16,10,989 to the petitioner within a period of three months from the date of production of certified copy of the order.
“In case, the amount of Rs 16,10,989 is not released within the aforesaid period, the same shall carry simple interest @ 7% per annum from the date the amount became due till the date of its payment.
However, respondents are at liberty to file a recall application within a period of two months if the order is obtained by the petitioner by concealing material fact,” the order reads.
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