Chandra Bali Prasad And Another vs State Of U.P. And 2 Others
2021 Latest Caselaw 10616 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 27151 of 2018
 

 
Petitioner :- Chandra Bali Prasad And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Bramh Narayan Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Counter and rejoinder affidavits filed today are taken on record.

Heard Sri Bramh Narayan Singh, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.

The present petition has been filed with the following prayers:-

"i). Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 14.07.2018 passed by respondent no. 3 as communicated vide covering letter dated 12.12.2018.

ii). Issue a writ, order or direction in the nature of mandamus direct the respondents not to recover any amount from the petitioners pursuant to the order dated 14.07.2018 passed by respondent no. 3 as communicated vide covering letter dated 12.12.2018."

Learned counsel for the petitioners has drawn attention to the order dated 13.07.2018 whereby, the salary of the petitioners was re-fixed in the manner indicated in the same order dated 13.07.2018. The sole submission of the counsel for the petitioner is that although he is not aggrieved with re-fixation of salary, he argues that in pursuance of the said re-fixation, the amount already paid to the petitioner cannot be recovered. He argues that in terms of information received, it is clear that efforts are being made for recovery of amount as clearly indicated in communication dated 12.12.2018 (Annexure No. 1 to the writ petition). He places reliance on judgment of Hon'ble Supreme Court in the case of State of Punjab Vs. Rafiq Masih; 2015 (4) SCC 334.

In view of said it is clear that amount paid in excess cannot be recovered from the petitioner. Accordingly, the recovery, if any, in pursuance of order dated 13.07.2018, is directed not to be made. This order does not disturb the re fixation of salary of the petitioner.

Petition stands disposed off with the terms of said order.

Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.

Order Date :- 18.8.2021

Vikram