Bharat Chauhan vs State Of U.P. And 4 Ors.
2016 Latest Caselaw 3621 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - A No. - 29248 of 2016
 
Petitioner :- Bharat Chauhan
 
Respondent :- State Of U.P. And 4 Ors.
 
Counsel for Petitioner :- Rajendra Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner was initially engaged on daily wage basis as 'Beldar' in the office of the Public Works Department. His services were regularized on the post of 'Meth' on 01.04.2004. He is aggrieved by the order dated 30.03.2016 (wrongly mentioned 30.06.2016 in paragraph no.6 of the writ petition). He has been reverted and an order has been issued for the recovery of the excess payment.

It is stated by the learned counsel for the petitioner in paragraph no. 6 of the writ petition that the said order has been passed without giving any opportunity. Learned counsel for the petitioner has drawn the attention of the Court to an order passed by this Court in a matter of the similarly placed person in writ petition no.21722 of 2016 (Awadhesh  v. State of U.P. and  others) wherein the the following order has been passed:-

"Having regard to the fact that the petitioner was promoted in the year 2004 and the impugned orders have been passed without giving any opportunity after several years, I am prima facie satisfied that the recovery of huge amount from a class-III employee is not justified. Accordingly, the recovery pursuant to the impugned orders dated 30th March, 2016, 12th April, 2016 and 18th April, 2016 is stayed till further order.

It is made clear that in case the counter affidavit is not filed by the next date, the application for interim order for continuance of the petitioner on the post of Mate, shall be considered on the next date." 

The benefit of the same is extended to the petitioner of this writ petition also.

Learned Standing Counsel may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.

List after expiry of the aforesaid period.

Order Date :- 23.6.2016

AU