Pawan Kumar Verma vs State of U.P. Thru. Prin. Secy. Cooperative Deptt. U.P. Lko. and 6 Others — Allahabad HC (2025) — LawSathi Research

Pawan Kumar Verma vs State of U.P. Thru. Prin. Secy. Cooperative Deptt. U.P. Lko. and 6 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: recovery in pursuance of the impugned order dated 04.01.2025 stayed till the next date of listing; case directed to be listed on 18.03.2025 in top ten cases, with respondents to produce the relevant government orders and rules and explain the eight-year drawal of excess amounts; substantive adjudication deferred.

Issue for consideration

Whether the revocation (and consequent recovery) of the petitioner's increment in Matrix Level-6, originally granted with effect from 15.03.2017, by the impugned order dated 04.01.2025 was sustainable, given the petitioner's contention that there was no infirmity in the original grant of benefits. +1 more

Court's answer

Interim relief: in the meanwhile, no recovery shall be made in pursuance of the impugned order dated 04.01.2025 till the next date of listing (18.03.2025).

Key takeaways

Direction to respondents: by 18.03.2025 they shall produce before the Court the copy of the various government orders by which the petitioner was granted the benefit of Matrix Level-6 vide order dated 15.03.2017, and also the government orders and other rules relied upon to contend that the benefit so granted was illegal and arbitrary; they shall also inform the Court why the petitioner was permitted to draw excess money for 8 years before the impugned order.obiter¶11
Conditional direction: if no satisfactory response is forthcoming, the Court will pass necessary orders for appearance of the concerned officer on the next date.obiter¶12

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Alok Mathur, J. — WRIT - A No. 2555 of 2025, order dated 6.3.2025 (Pawan Kumar Verma v. State of U.P.). Interim order in a writ petition filed by an Assistant Development Officer whose increment in Matrix Level-6 (made admissible from 15.03.2017) was revoked by an order dated 04.01.2025 on the ground that the financial benefits had been granted contrary to the rules. Petitioner contended that no opportunity of hearing was given and that there was no infirmity in the original grant. The Court directed the respondents to produce, by 18.03.2025, the government orders effecting the grant and those grounding the contention that the grant was illegal and arbitrary, and to explain why the petitioner was permitted to draw excess money for 8 years before the impugned order; failing a satisfactory response, necessary orders for appearance of the concerned officer were foreshadowed. Recovery under the impugned order was stayed in the meanwhile till the next date of listing.

Court No. - 6

Case :- WRIT - A No. - 2555 of 2025

Petitioner :- Pawan Kumar Verma Respondent :- State Of U.P. Thru. Prin. Secy. Cooperative Deptt. U.P. Lko. And 6 Others Counsel for Petitioner :- Manish Mani Sharma Counsel for Respondent :- C.S.C.

Hon'ble Alok Mathur,J.

Heard Sri Manish Mani Sharma, learned counsel for petitioner as well as learned Standing Counsel for respondents.

Supplementary affidavit filed today is taken on record.

It has been submitted by learned counsel for petitioner that when the petitioner was functioning on the post of Assistant Development Officer, he was granted an increment in Matrix Level-6 which was made admissible to him from 15.03.2017. The petitioner continued to receive financial benefits till the impugned order has been passed on 04.01.2025 revoking the said order on the ground that petitioner was given the financial benefits contrary to the rules.

It is the case of the petitioner that no opportunity of hearing was given and even otherwise, there was no infirmity in the grant of benefits of Matrix Level-6 on 15.03.2017.

Learned Standing Counsel on the other hand has vehemently opposed the writ petition and submits that he may be permitted to place the relevant material on record in support of the impugned order.

Accordingly, list this case on 18.03.2025 in top ten cases.

By which date, the respondents shall produce before this Court the copy of various government orders by which the petitioner was granted the benefit of Matrix Level-6 vide order dated 15.03.2017 and also the government orders and other rules in support of which it has been contended that the benefit so granted was illegal and arbitrary. He shall also inform this Court as to why the respondents permitted the petitioner to draw excess money for 8 years before passing the impugned order.

In case no satisfactory response is forthcoming, this Court will pass necessary orders for appearance of the concerned

officer on the next date.

In the meanwhile, no recovery shall be made in pursuance of the impugned order till the next date of listing.

(Alok Mathur, J.)

Order Date :- 6.3.2025

Ravi/

Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench