Dhrupati Devi And Others vs State Of U.P.And Others
2012 Latest Caselaw 4837 ALL

Citation : 2012 Latest Caselaw 4837 ALL
Judgement Date : 5 October, 2012

Allahabad High Court

Dhrupati Devi And Others vs State Of U.P.And Others on 5 October, 2012

Bench: V.K. Shukla




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - A No. - 51869 of 2012
 

 
Petitioner :- Dhrupati Devi And Others
 
Respondent :- State Of U.P.And Others
 
Petitioner Counsel :- A.B.Singh,Manish Singh
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble V.K. Shukla,J.

Learned counsel for the petitioners is permitted to implead the respective Committee of Management of the institution concerned as respondent No.4 in the array of respondents.

Learned standing counsel has accepted notice on behalf of respondent Nos.1, 2 and 3. Issue notice to respondent No.4.

Each one of the petitioners is accorded six weeks' time to file counter affidavit.Rejoinder affidavit may be filed within next two weeks.

List thereafter.

It has been submitted on behalf of the petitioners that a conscious decision was taken by the authority concerned for fixation of pay/salary, and there was no role of the petitioner in such fixation, as such it cannot be said that any fraud has been played or misrepresentation has been made by the petitioners in the matter of fixation of salary.

Prima facie the argument advanced appears to have substance, as such it is here by directed that the excess amount alleged to have been paid to the petitioners shall not be recovered from them pursuant to orders dated 15.06.2012 and 22.03.2012.

Order Date :- 5.10.2012

SRY