Chetan Kumar vs State Of U.P. And Others
2011 Latest Caselaw 3457 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 43175 of 2011
 

 
Petitioner :- Chetan Kumar
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- R.P.S.Chauhan,Pushpraj Chauhan
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The petitioner is a process server (Dak Ardali). He has been temporarily promoted on the post of Daftari. Subsequently, it was found that his promotion was not in accordance with Rule and, therefore, he has been reverted back by the impugned order dated 15.4.2011. Further a direction has been issued that whenever extra salary has been paid to the petitioner, the same may be recovered from the salary.

Learned Standing Counsel is directed to file a counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

Till the next date of listing, the impugned order dated 15.4.2011 is stayed to the extent that the excess payment paid to the petitioner may not be recovered from the salary of the  petitioner. The  rest part of the order is not stayed.

Order Date :- 3.8.2011

OP