Raj Narayan Singh Yadav vs State Of U.P. And 5 Others
2022 Latest Caselaw 21314 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 16765 of 2021
 

 
Petitioner :- Raj Narayan Singh Yadav
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Dinesh Pathak
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard the counsel for the petitioner and the learned Standing Counsel.

The present petition has been filed challenging the order dated 30.09.2021 whereby directions have been issued for recovery of the amount allegedly paid in excess during the service period.

The contention of the counsel for the petitioner is that there is no binding in the impugned order or otherwise that the wrong fixation would be attributed to the petitioner. He places reliance on the judgment of Hon'ble the Apex Court in the case of State of Punjab and others Vs. Rafiq Masih: 2015 (4) SCC 334 and in the case of Thomas Daniel vs. State of Kerala and otehrs; 2022 (5) SC 71.

After considering the material on record, I do not find any material to demonstrate that the excess amount paid to the petitioner was attributable to the misrepresentation, fraud or error on the part of the petitioner.

Accordingly, the impugned order dated 30.09.2021 for recovering the excess amount is set aside. The writ petition stands allowed.

Order Date :- 15.12.2022

VNP/-