In a writ petition regarding pay fixation, the court restrained the recovery of excess pay directed by the opposite parties during the pendency of the litigation and listed the matter for argument.
No recovery shall be executed from the petitioner pursuant to the notice dated 4.8.2024.
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Court No. - 4
Case :- WRIT - A No. - 8587 of 2024
Petitioner :- Rajnish Chandra Shukla Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Food And Civil Supply Deptt. Lko And 3 Others Counsel for Petitioner :- Vishal Kumar Upadhyay,Amir Mohsin Rizvi Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
"(i) Issue a Writ, order or direction in the nature of Certiorari quashing the order dated 04.08.2024 passed by opposite party no. 4 as contained in Annexure No. 1 to this Writ Petition.
(ii) Issue a Writ, order or direction in the nature of Certiorari quashing the order dated 07.03.2024 passed by opposite party no. 4 as contained in Annexure No. 2 to this Writ Petition.
(iii) Issue a Writ, order or direction in the nature of Mandamus directing the Opp. Parties to fix the pay of petitioner which he was getting after the order dated 12.06.2017 till February 2024. "
4,03,934/- has been directed to be recovered from the petitioner. Though the said amount has not been recovered till date. The aforesaid recovery is not permissible in the light of the dictum of the Apex Court in re: State of Punjab vs. Rafiq Masih (White Washer), 2015 (4) SCC 334. Besides, in terms of the Government Order dated 16.1.2007, though the copy thereof has not been enclosed with the writ petition, only 34 months period of an employee may be examined for the purpose of refixation of pay scale/pay band etc. but in the present case, about 8 years period has been revisited, which is against the aforesaid Government Order. He has further submitted that the aforesaid Government Order has been upheld by the Apex Court in re: Sushil Kumar Singhal vs. Pramukh Sachiv Irrigation Department & Others, 2014 (16) SCC 444.
Order Date :- 26.9.2024 Shravan
Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether recovery of excess pay can be executed pending adjudication of pay fixation order quashing petition.
Whether revisiting pay fixation for 8 years violates the Government Order 16.1.2007 which examines only 34 months.
Whether the petitioner has a case that requires consideration under Article 226.
Colour shows how this judgement treated each authority
State of Punjab vs. Rafiq MasihReferred¶12
re: State of Punjab vs. Rafiq Masih (White Washer), 2015 (4) SCC 334 · Who else cites this
Sushil Kumar Singhal vs. Pramukh Sachiv Irrigation DepartmentReferred¶12
re: Sushil Kumar Singhal vs. Pramukh Sachiv Irrigation Department & Others, 2014 (16) SCC 444 · Who else cites this
Rajnish Chandra Shukla
State Of U.P.
Rajesh Singh Chauhan
As recorded by the court registry
5 orders share this CNR
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