Disposed

Madan Ji Shukla Pno. 842462859 v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 2 Others

Allahabad HC3 Dec 2024WRIA/11575/2024

Case brief

AI extract

What is this about?

This High Court order addresses recurring grievances about wrong salary fixation for retiring police personnel in U.P. The bench expresses surprise that restraints from earlier orders were ignored. It directs the Home Secretary and ADGP (Establishment) to file personal affidavits explaining systemic failures in scrutiny and orders an interim stay on recovery pending their explanation.

What did the court decide?

Directed the Home Secretary and ADGP(E) to file personal affidavits within ten days explaining the recurrence of the issue; interim order staying recovery from the petitioner until the next date.

Madan Ji Shukla Pno. 842462859 vs State of… — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 6

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Case :- WRIT - A No. - 11575 of 2024

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Petitioner :- Madan Ji Shukla Pno. 842462859 Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 2 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C.

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Hon'ble Alok Mathur,J.

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This Court is repeatedly being petitioned by the serving and retired employees of the Police Department stating that at the very end of their service period, their salaries for the entire tenure of their service are being re-fixed and there are allegations that their salary was wrongly fixed 15 to 20 years prior and excess amount is sought to be recovered from them.

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Similar grievance was raised before this Court and considering number of matters being brought before this Court and amount of money involved which was excess payment made to the Government servant working in the Police Department, this Court summoned senior officials of the Department to find out how situation can be rectified. On 26.09.2022, an order was passed in Writ - A No. 5238 of 2022 - Ram Gulam Vs. State of U.P. Through Secretary, Home and 4 Others , in the presence of Secretary, Home Department, Government of U.P. and Additional Director General of Police (Establishment) and measures to be taken by the respondents were informed to this Court, which were stated in the said order. For sake of convenience order dated 26.09.2022, is quoted herein below :-

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" 1. Heard Sri Amit Sachan, learned counsel for the petitioner as well as learned Standing Counsel for the respondents.

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2. In pursuance to the previous order of this Court dated 29.08.2022, Sri Tarun Gauba, Secretary, Home Department, Government of U.P., Lucknow and Sri Sanjay Singhal, Additional Director General of Police, Establishment, U.P. are present before this Court today.

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3. It has been informed that the State Government has taken serious view of the concern shown by this Court and it has been submitted that effective measures are also been under taken to ensure that in the cases where ACP or any other allowance have been wrongly fixed at higher level, they should be looked into immediately and action shall be taken that recovery orders are passed prior to the superannuation of such Government employees.

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4. It has been further informed that that following remedial measures are proposed to be under taken :-

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(i) Committee at each district/Unit to re-examine the ACP/fixation of pay already given to the personnel. Committee may take assistance of TO/STO at district/Unit level and if required, assistance of FC branch at PHQ.

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(ii) Districts/Units will issue pay fixation orders after concurrence/vetting by FC branch of PHQ.

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(iii) To explore the possibilities of developing a software for this purpose. (iv) Conducting training of staff from each district/unit which is looking after pay fixation/ACP matters. Training to be conducted by experienced Auditors/Retd. Officers.

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(v) Outsourcing service of experts (Auditors) and efforts to fill up the existing vacancies on priority basis.

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(vi) A Committee to be formed under IG PHQ to suggest long/medium/short term measures to address the issue of faulty pay fixation.

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(vii) Proposal for creating new posts of Auditors/Accounts cadre OfficersClass-II Officers of Finance service at district/Unit level, Class-I officers of Finance Service at Department level alongwith Accountants and Assistant Accountants.

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5. This Court is satisfied that the respondents have looked into this aspect. We hope and trust that the respondents will take effective measures immediately and scrutinise all the previous orders whereby ACP or any other allowance has been granted to the Police Officers from Constable to Inspector level, carefully and where ever it is discovered that fixation of their salary/allowance has been wrongly fixed, effective measures shall be taken for rectification and recovery of the same.

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6. Let an affidavit be filed by the respondents indicating was to what efforts have been taken by them in this regard within next three weeks.

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7. List this case on 11.11.2022, in top ten cases. The presence of officers appearing before the Court today, is dispensed with until further orders of this Court. "

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Subsequently, an affidavit has also been filed before this Court in Writ - A No. 5238 of 2022 , stating that regular revision of pay structure of the Police personnel would be undertaken to avoid wrong fixation of salary and remedial measures would be taken and they will not wait for the date of retirement of such a person and before that scrutiny is undertaken. The order dated 11.11.2022, is reproduced herein below :-

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" 1. Heard Sri Amit Sachan, learned counsel for the petitioner as well as learned Standing counsel for the opposite parties.

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2. Learned Standing counsel has filed compliance affidavit sworn by Additional Director General (Establishment), D.G.P. Headquarters. In the said affidavit it has been submitted that effective measures have been taken by the respondents to curb the malpractices of fixation of higher salary to police personnel more that what is admissible to them. To redress the problem it has been informed to this Court that regular revision of pay structure of police personnel has been sought to be undertaken as a regular exercise and also to determine whether there is any wrong fixation of salary and also effective remedial measures have been taken to see that salary is correctly fixed and no excess payment is

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made to anybody to detect any earlier discrepancy before a person attains age of superannuation. It has further been submitted that the respondents are in process to develop a software so that such errors are curbed. It has further been submitted that at the District level committees have been formed to scrutinize the records of the police personnel.

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3. This Court is of the considered opinion that that the respondents have taken effective measures to correct the menace as indicated by this Court in its previous orders. Let further affidavit be filed by the respondents to show as to what steps have been taken by them and also to indicate as to how many matters have come to their notice where salary was wrongfully fixed and what action has been taken to recover the same.

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4. Let an affidavit containing all the details of the exercise under taken by the respondents in terms of the affidavit filed before this Court today.

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5. Learned Standing counsel is also directed to file counter affidavit within next four weeks. Two weeks' further time shall be available to the petitioner to file rejoinder affidavit.

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6. List this case on 9.1.2023

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7. Till the next date of listing, the interim order granted earlier shall continue. "

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After period of nearly two years same problem has raised its head. This Court is receiving numerous petitioners pertaining to wrong fixation of salary and recovery from the Police personnel who are about to retire. With regard to recovery from the Police personnel who are in Class III/Clas IV cadre, their cases are covered by the judgment of Hon'ble Supreme Court in the case of State of Punjab and Others Vs, Rafiq Masih (White Washer), 2015 (4) SCC 334 , where no such recovery is permitted, therefore on one hand admittedly excess amount is paid to the Police personnel from the State exchequer and same cannot be recovered as per mandate of the Apex Court in the case of State of Punjab and Others Vs, Rafiq Masih (White Washer) [supra] and therefore normally loss if any is of the State exchequer.

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This Court is surprised at the non concerning attitude of the respondents who have given undertaking before this Court for following strict process to scrutinize the service records of the Police personnel on regular basis and in fixed manner rather then conducting scrutiny at the fag end of the carrier of the Police personnel.

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Even otherwise, entire finance wing is existing in the Police Department which is responsible for all the administrative decisions pertaining to fixation of salary, grant of increments, ACP, promotion etc. to its employees and the orders are vetted and approved by the highest authority before they are given effect.

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It is rather incomprehensible as to how despite such a huge

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machinery being in existence, excess salary is paid to the employees and it remains unnoticed for a period of one to two decades. Clearly there are great loop holes which are yet to be discovered and rectified.

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In case averments made in the present writ petition are correct then the fixation of salary was wrongly done and this Court ought to have been informed by the respondents as to what action has been taken by the highest authority who has approved the wages/salary/ACP of the employee.

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It is in the aforesaid circumstances, the Secretary, Home, Government of U.P. and Additional Director General of Police (Establishment) are called upon to file their personal affidavit indicating as to why such issues are coming before this Court repeatedly, despite assurance having been given by them on affidavit.

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Let personnel affidavits be filed within next ten days. Further action/directions will be issued after perusal of personnel affidavits.

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List this case on 17.12.2024, in top ten cases. Further orders shall be passed after perusing the affidavits of the officers named herein above.

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Till the next date of listing, no recovery shall be made from the petitioner.

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Order Date :- 3.12.2024 A. Verma

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(Alok Mathur, J.)

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Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench

Madan Ji Shukla Pno. 842462859 v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Madan Ji Shukla Pno. 842462859 v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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