Dr. Mahesh Kumar Pandey vs State Of U.P. And Others
2011 Latest Caselaw 3147 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 41578 of 2011
 

 
Petitioner :- Dr. Mahesh Kumar Pandey
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- R.C.Tiwari,P.S.Baghel
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

The contention of the petitioner is that in the impugned order, it has been wrongly held that the petitioner is not entitled for First Promotional Pay Scale of Rs.8000/- to 13,500/-. After coming to the conclusion, it has also been directed that the excess amount paid to the petitioner be recovered.

The question whether the petitioner is entitled for the benefit of First Promotional Pay Scale requires consideration after the exchange of counter affidavit. So far as recovery of excess amount is concerned, prima facie, no case is made out that the payment has been made by misrepresentation or fraud on the part of the petitioner. Therefore, the recovery of the amount appears to be unjustified.

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

List in the week commencing 12.9.2011.

Till the next date of listing, the recovery of the excess amount in pursuance of the order dated 21.6.2011 shall remain stayed.

Order Date :- 27.7.2011

OP