Kamichha Prasad v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and 2 Others

Court No. - 8 Case :- WRIT - A No. - 9367 of 2023 Petitioner :- Kamichha Prasad Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Rudra Pratap Singh,Harshit Singh Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.

¶1Heard learned Counsel for the petitioner and learned Standing Counsel.

¶2The present petition has been filed challenging an order dated

13.10.2023 whereby the salary of the petitioner has been re-fixed and the order dated 20.11.2023 whereby the excess amount paid to the petitioner has been directed to be adjusted from the gratuity.

¶3The contention of the Counsel for the petitioner is that the said action is clearly contrary to the law laid down in the case of State of Punjab vs Rafiq Masih; 2015 (4) SCC 334.

¶4Considering the fact that the order impugned is clearly contrary to the law laid down in the case of Rafiq Masih (Supra), the impugned order cannot be sustained, insofar as it pertains to the recovery of the alleged amount paid in excess.

¶7As regards the modification of the salary of the petitioner, it is clear that the same has been done without giving an opportunity of hearing to the petitioner, as such, with regard to the re-fixation of salary, the present petition is disposed off permitting the petitioner to file an appropriate application for recalling of the order, insofar as it relates to re-fixation of salary with retrospective effect. In case, such an application is filed along with a copy of this order, the respondent no.3 shall pass a fresh order after affording an opportunity of hearing.

¶8It is clarified that even if, it is found that the petitioner has been paid salary in excess, the same shall not be recovered in view of the law laid down in the case of Rafiq Masih (Supra). Order Date :- 8.12.2023 akverma High Court of Judicature at Allahabad, Lucknow Bench