Court No. - 18 Case :- WRIT - A No. - 39604 of 2010 Petitioner :- Ram Kishore Sharma Respondent :- State Of U.P. Thru' Secretary Secondary Education & Others Petitioner Counsel :- Vashishta Tiwari Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and learned Standing Counsel
for the State-respondents.
From the documents brought on record it cannot be deciphered as to
when an order was passed directing recovery of Rs. 98,732/- said to
be excess salary paid to the petitioner. The Service Book of the
petitioner records that the petitioner has retired from service on 30th
June, 2009.
Petitioner by means of the present petition seeks a writ of mandamus
commanding the respondents to not to deduct any amount from the
retiral benefits of the petitioner in pursuance to the note as appended
to the service book of the petitioner as noticed above. Since the date
on which the aforesaid note was made in the service record of the
petitioner is not known and further since it cannot be deciphered as to
whether any deduction in pursuance thereof has been made or not, no
mandamus as prayed for need be issued by this Court. However,
petitioner is granted liberty to approach the Regional Joint Director of
Education by way of representation for release of his post retiral
benefits without any deductions being made within two weeks from
today along with a certified copy of this order. On such representation
being made, the Regional Joint Director of Education shall take
appropriate decision after obtaining records from the institution
concerned, in accordance with law by means of a reasoned speaking
order, preferably within six weeks from the date the representation is
made.
The present writ petition is disposed of subject to the observations
made above.
(Arun Tandon, J.)
Order Date :- 12.7.2010
Sushil/-