Shiv Shankar Pandey vs State Of U.P. Thru. Its Addl. Chief ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:60874
 
Court No. - 20
 

 
Case :- WRIT - A No. - 6897 of 2023
 

 
Petitioner :- Shiv Shankar Pandey
 
Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Civil Sectt. Lko And 2 Others
 
Counsel for Petitioner :- Rakesh Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

Petition has been filed challenging order dated 21st May, 2023 whereby recovery has been directed from post retiral benefits of petitioner on the ground of incorrect fixation of pay in the year 2006.

It has been submitted that impugned order has been passed in a completely ex parte manner without affording opportunity of hearing to petitioner. It is further submitted that even otherwise alleged incorrect fixation of pay in the year 2006 is being sought to be corrected in the year 2023 which can not be done. Learned counsel has placed reliance on judgment rendered by Hon'ble Supreme Court in the case of State of Punjab versus Rafiq Masih; 2015(4) SCC 334.

Learned State Counsel has however submitted that recovery was required to be effected from petitioner in view of the fact that it creates a burden on the State Exchequer since benefits were wrongly admitted to petitioner.

Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, particularly the impugned order, it is evident that impugned order has been passed without issuing any show cause notice to petitioner or even affording any opportunity of hearing. The order as such is clearly against dictum passed by Hon'ble Supreme Court in the case of State of Punjab versus Rafiq Masih; 2015(4) SCC 334.

In view of aforesaid, the impugned order dated 21st May, 2023 along with letter dated 21st April, 2023 is quashed by issuing a writ in the nature of Certiorari at the admission stage itself granting liberty to opposite parties to pass fresh orders in the light of judgment of Hon'ble Supreme Court in the case of Rafiq Masih (supra) but only after affording opportunity of hearing to petitioner.

Order Date :- 21.9.2023

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