Constable (Female) P.N.O. ... vs State Of U.P. And 3 Others
2016 Latest Caselaw 1855 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 16200 of 2016
 

 
Petitioner :- Constable (Female) P.N.O. 830790094 Mamta Dubey
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Rakesh Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner is a constable in the Civil Police. She has challenged the order dated 22.12.2015 by which a direction has been issued to recovery an amount of Rs.68687/- which has been stated to be over paid. The said order has been challenged on the ground that it does not contain any reason.

From the instruction, it appears that half of the amount has already been adjusted. From the instruction it is also clear that  there is no allegation of misrepresentation against the petitioner. It appears that there is a mistake on the part of the respondents while making fixation of the salary of the petitioner.

Matter needs consideration.

Learned Standing Counsel was granted time on 11.04.2016 to seek instruction. He prays for and is granted six weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

List this case on 16.08.2016.

In view of the fact that the mistake has been committed by the respondents, no fault can be attributed to the petitioner. Rest of the recovery amount, in pursuance of the impugned order dated 22.12.2015, shall remain stayed till the next date of listing.

Order Date :- 25.4.2016

AU