Dr. Surya Kant Yadav And 5 Others vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 5501 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- WRIT - A No. - 3953 of 2022
 

 
Petitioner :- Dr. Surya Kant Yadav And 5 Others
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical And Health Deptt. Lko. And 5 Others
 
Counsel for Petitioner :- Rakesh Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard Shri Rakesh Kumar Singh, learned counsel for the petitioner and learned Additional Chief Standing Counsel.

By means of the instant writ petition, the petitioners have challenged the validity of the order dated 01.02.2022 passed by the respondent No. 2 i.e. Director General, Medical and Health Department, Uttar Pradesh which states that during the audit conducted by the office of the Accountant General, Uttar Pradesh and in an internal departmental audit, it has been found that the petitioners' salary was fixed after the appointment on 01.01.2016 at Rs. 61,300/-, which was erroneous. As per the provision contained in a Government Order dated 22.12.2016, the salary of all officers/employees appointed after 01.01.2016 has to be fixed at the lowest level of the relevant pay matrix. The order further states that the petitioners' salary has to be fixed at the lowest of their matrix level of Rs. 5,400/-, at Rs. 56,100/-. The order further directs recovery of the excess amount paid to the petitioners.

The petitioners have assailed the aforesaid order on the ground that the aforesaid order carries adverse civil consequences against the petitioners and before passing the order, no opportunity of hearing was provided to the petitioners.

Learned counsel for the petitioners has placed reliance on the judgment of this Court in the case of Dr. Anuj Kumar Singh and others Vs. State of U.P. and others, Writ A No. 2775 of 2022 decided on 16.05.2022.

Keeping in view the aforesaid submissions, I think it appropriate that the petitioners should be given an opportunity of hearing against the re-fixation of their salary and it is only after affording them an opportunity of hearing and considering all the pleas raised by them that their salary can be re-fixed and an order of recovery can be passed, if found appropriate.

In the aforesaid view of the matter, the petitioners are at liberty to submit a representation before the respondent No. 2 i.e. Director General, Medical & Health Department, Uttar Pradesh taking all the pleas available to them regarding re-fixation of their salary and recovery of the amount allegedly paid to them in excess of their salary.

In case the petitioners make a representation to this effect within a period of one week from today, the authority concerned shall proceed to consider and dispose of the same by a speaking and reasoned order, within a period of three weeks thereafter.

It is provided that till the disposal of the representation, no recovery shall be made from the petitioners. In case the petitioners fail to make representation, the benefit of this order will not be available to them.

With the aforesaid observations and directions, the writ petition stands disposed of.

Order Date :- 28.6.2022

Madhu