The Allahabad High Court has recently quashed the orders of deduction of excess salary paid to a police constable from his retirement benefits due to a departmental mistake in pay fixation and directed the police department to refund the deducted amount of Rs 3,23,172 within three months.
A Single Bench of Justice Neeraj Tiwari passed this order while hearing a petition filed by Virendra Prasad Dwivedi.
The petition has been filed stating that the petitioner has retired from the post of Head Constable on 30.06.2021.
It is stated that before retirement, certain dues amounting to Rs 3,23,172 have been deducted/ recovered from the post retiral benefit which according to the petitioner 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 judgement 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 orders dated 16.08.2021 and 09.09.2021 so far as it relates to recovery of the amount of Rs 3,23,172 and writ petition is allowed.
The Court directed the respondent No 2 to release the entire deducted amount of Rs 3,23,172 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 3,23,172 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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