Allahabad High Court
Smt Rajesh Devi vs State Of U.P. And 4 Others on 17 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:186642
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15611 of 2025
Smt Rajesh Devi
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Krishna Mohan Ojha
Counsel for Respondent(s)
:
C.S.C.
HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri K.M. Ojha, learned counsel for the writ petitioner and Sri Vijay Lal, learned Standing Counsel for the State.
2. Sri Vijay Lal, learned Standing counsel submits that he does not propose to file any response and the writ petition be decided on the basis of the documents avail on record. With the consent of the parties, the writ petition is being decided at the fresh stage.
3. The case of the writ petitioner is that the writ petitioner was selected on the post of Health Worker (Women), class III post by virtue of an order of the Chief Medical Officer, Bulandshahr on 01.04.2000 in Pay Scale of of Rs. 3200-85-4900 and she assumed the charge on 03.04.2000. It is also the case of the writ petitioner that post completion of 8 years' service she was accorded 1st Selection Grade with effect from 03.04.2008 and the was fixed in the pay scale of Rs. 5200-20200+Grade Pay Rs. 2000 and post completion of 10 years she was accorded 1st Assured Career Progression (ACP) with effect from 03.04.2010 being Rs. 2400. Thereafter with effect from 01.01.2006 in pursuance of the Government Order dated 01.05.2012, she was accorded Grade Pay of 2800 with effect from 01.01.2006, Grade Pay of Rs. 4200 with effect from 3.4.2010 and post completion of 16 years 2nd ACT with effect from 01.07.2016 and after recommendation of 7th Pay Commission by virtue of the Government Order dated 22.12.2016 her salary came to be fixed in the pay scale of Rs. 9300-34800+Grade Pay 4200 with effect from 01.01.2016 and the writ petitioner stood superannuated on 31.12.2024. According to the writ petitioner, an objection came to be raised post retirement of the writ petitioner on 15.04.2025 by the second respondent, Director General, Directorate of Medical & Health Service, U.P., Lucknow and on the basis of the same, the fifth respondent, Medical Superintendent, Community Health Centre, Daurala, Meerut District Meerut had sought to re-fix the petitioner's salary on 05.06.2025 and on 19.09.2025, an order came to be passed for recovery of the said amount of Rs. 2,32,196/-. Learned counsel for the writ petitioner submits that no recovery cannot be effectuated on the writ petitioner particularly when the writ petitioner stands superannuated in view of the judgment in State of Punjab Vs. Rafiq Masih (White Washer), 2015 (4) SCC 334, he further while inviting attention towards para 5 submits that the writ petitioner has not been put to notice before taking unilateral action.
4. Prayer in the present petition is for quashing of the orders dated 05.06.2025 and 19.09.2025 passed by the fifth respondent.
5. Learned Standing Counsel, on the other hand, submits that once there has been an error in pay fixation then it is always open for the employer to make necessary corrections but the condition precedent would be that the same has to be in accordance with the principles of natural justice. He submits that both the orders be set aside, matter be remitted back to the authority to pass a fresh order.
6. To such a submission, learned counsel for the writ petitioner has no objection to the same.
7. Accordingly, the writ petition is being decided in the following terms.-
(a) the order dated 05.06.2025 and 19.09.2025 passed by fifth respondent, Medical Superintendent, Community Health Centre, Daurala, Meerut District Meerut are set aside; (b) matter stands remitted back to the authority to pass a fresh order strictly in accordance with law after putting to notice the writ petitioner and after considering the contention so raised by him; (c) for facilitation and early disposal, the certified copy of the order and self attested copy of the writ petition along with an application be submitted before the authorities by 14.11.2025.
8. With the above observations, the writ petition stands disposed of.
(Vikas Budhwar,J.)
October 17, 2025
Rajesh
