Vinod Kumar Tripathi v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and 2 Others
Case brief
What is this about?
Recovery from pensionary/post-retiral benefits; order dated 05.05.2025 quashed by certiorari at admission stage; deduction without opportunity of hearing; incorrect fixation of pay-scale with effect from 01.01.2006; written instructions dated 04.07.2025; no complicity of petitioner indicated; Class III employee; State of Punjab & others v. Rafiq Masih (White Washer) & others, (2015) 4 SCC 334; liberty to competent authority for fresh orders after hearing and considering Rafiq Masih; withheld amounts payable subject to final order within six weeks on production of certified copy; parties to bear own costs; Vinod Kumar Tripathi v. State of U.P.; counsel Rakesh Kumar Singh and C.S.C.; High Court of Judicature at Allahabad, Lucknow Bench; Manish Mathur, J.; WRIT - A No. - 6573 of 2025; Neutral Citation No. 2025:AHC-LKO:41235; Order Date 18.7.2025.
What did the court decide?
Impugned order dated 05.05.2025 quashed by issuance of a writ in the nature of certiorari; liberty granted to the competent authority to pass orders afresh only after affording the petitioner an opportunity of hearing and considering Rafiq Masih ((2015) 4 SCC 334); payment of withheld amounts made subject to the final order to be passed within six weeks of production of a certified copy of this order; petition allowed at the admission stage itself; parties to bear their own costs.