Court No. - 29 Case :- WRIT - A No. - 18358 of 2008 Petitioner :- Dr. Avinash Chand Goel Respondent :- State Of U.P. And Others Petitioner Counsel :- Ram Mohan Respondent Counsel :- C.S.C. Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
The petitioner retired in the year 2004. By this writ petition filed
on 7.4.2008 the petitioner has challenged the recovery of Rs. 1, 76,
950/- from his retiral benefits on the ground of wrong fixation of
pay, in the promotional pay scales.
A preliminary objection has been taken by the State respondents
that the petitioner has deposited the entire amount on 15.4.2006
and has thus acquiesced to the order. He filed this writ petition
after two years challenging the recovery on the ground of wrong
fixation.
It is submitted that the petitioner was under coercion of the
circumstances in which his dues were pending and thus he was
forced to deposit the amount.
We do not find that any substantial amount, over and above the
amount sought to be recovered, was to be paid to the petitioner for
having accepted the order of recovery.
The necessary facts, which may constitute coercion to get over the
principle of acquiescence, have not been placed on record.
The petitioner wants to file supplementary affidavit. He prays for
and is allowed two weeks’ time to file supplementary affidavit.
List on 27.7.2010.
Order Date :- 5.7.2010
RKP