Mahaveer Prasad vs State Of U.P. And Others

Citation : 2011 Latest Caselaw 4159 ALL
Judgement Date : 26 August, 2011

Allahabad High Court
Mahaveer Prasad vs State Of U.P. And Others on 26 August, 2011
Bench: Rajes Kumar



HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 49003 of 2011
 

 
Petitioner :- Mahaveer Prasad
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- R.D.Tiwari,M.D.Singh 'Shekhar'
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

By the order dated 28.12.2010 the petitioner has been given the grade pay of Rs.4200/- w.e.f. 20.12.2009. Now by the impugned order dated 31.3.2011, the said grade pay of Rs.4200/- has been withdrawn and a further direction has been issued to recover the amount paid in excess and in pursuance thereof, the recovery is being made.

Learned counsel for the petitioner submitted that in view of the Government Order dated 4.5.2010, the petitioner is entitled for the grade pay of Rs. 4200/- w.e.f. 1.12.2008 and withdrawal is contrary to the said Government Order.

The matter requires consideration.

Learned Standing counsel may file counter affidavit within a period of four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing, the recovery of the alleged excess amount paid to the petitioner shall remain stayed. 

Order Date :- 26.8.2011 OP