Gandharv Sen Mahrishi vs Maharana Pratap University Of ...
2021 Latest Caselaw 17732 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17959/2019

Gandharv Sen Mahrishi S/o Shri Narayan S. Mahrishi, Aged About 54 Years, Resident Of House No. 15/1186, Nirmala House Maharshi Colony, Ganesh Nagar, Pahada, Udaipur (Rajasthan).

----Petitioner Versus

1. Maharana Pratap University Of Agriculture And Tech., Udaipur Through Its Registrar.

2. Director, Directorate Of Extension Education, Maharana Pratap University Of Agriculture And Technology, Udaipur.

3. Dean, Rajasthan College Of Agriculture, Udaipur.

                                                                    ----Respondents


For Petitioner(s)            :     Mr. Mukesh Vyas
For Respondent(s)            :     Mr. G.R. Punia assisted by
                                   Mr. Mahaveer Bhanwariya



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                             Judgment / Order

25/11/2021

This writ petition has been filed by the petitioner being

aggrieved with the order dated 19th September, 2019 (Annex.-14)

passed by the respondent-University, whereby the petitioner who

was earlier getting pay in the pay scale 1400-2600 was refixed in

the pay scale 1200-2050.

The respondent-University has filed reply to the writ petition,

wherein it is mentioned that the pay scale of the petitioner was

refixed as 1200-2050 as per the order dated 16.08.2019 (Annex.-

R-2) passed by the Agricultural (Group-3), Department,

Government of Rajasthan.

(2 of 2) [CW-17959/2019]

Learned counsel for the petitioner has submitted that the

order impugned (Annex.-14) is passed without providing any

opportunity of hearing.

Pursuant to the query raised by this Court the counsel for the

petitioner has failed to satisfy this Court that he was entitled to

get salary in the pay scale of 1400-2600 instead of 1200-2050.

Taking into consideration the above facts and circumstances

of the case, I do not find any merit in the challenge of the

impugned order (Annex.-14).

Hence, this writ petition is dismissed.

However, it is made clear that in the order dated 16.08.2019

(Annex.-R-2) passed by the Agricultural (Group-3), Department,

Government of Rajasthan, it is mentioned that the excess amount

paid to an employee will be borne by the respondent-University, it

is directed that the excess amount paid to the petitioner shall not

be recovered from him as there is no allegations made against the

petitioner that he has misrepresented or played fraud in getting

the higher pay scale and same was given to him by the

respondent-University.

(VIJAY BISHNOI),J

65-Arun/-

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