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Allahabad High Court · body

2013 DIGILAW 1359 (ALL)

Ram Uday Tiwari v. State of U. P. and Others

2013-05-08

AJAI LAMBA

body2013
Ajai Lamba, J.— 1. This petition has been filed with a prayer that a writ in the nature of certiorari be issued quashing orders dated 15.3.2013 and dated 19.3.2013 passed by respondent no.4, placed on record as Annexures 2 & 3 respectively. The petition also prays for issuance of a writ in the nature of mandamus directing the respondents to pay retiral dues to the petitioner on the basis of last pay drawn by the petitioner in the month of September, 2012. 2. In brief, it has been pointed out that the pay of the petitioner was fixed at the time of retirement vide orders, Annexures 12 and 13, both dated 25.10.2012. The petitioner superannuated on 30.9.2012. Vide Annexures 2 and 3, dated 15.3.2013 and 19.3.2013, the pay has been refixed, to the detriment of civil rights of the petitioner. Consequently, recovery of Rs.7,89,396/- has been directed to be made from the petitioner. 3. It has been asserted that the said orders, adverse to the civil rights of the petitioner, have been passed without giving any opportunity of hearing to the petitioner, which is not permissible in law. On the second count, it has been contended that the petitioner did not play any fraud and did not misrepresent facts so as to get his salary fixed. In such circumstances, if at all the salary was required to be refixed for good reasons, it could be done with prospective effect only. Recovery cannot be effected from the petitioner for the earlier period. 4. Learned counsel for the respondent-State namely Sri Abhinav Srivastava, Advocate, has very fairly conceded that the impugned orders, Annexures 2 and 3 would be adverse to the civil rights of the petitioner and, therefore, notice giving reasons for re-fixation of pay and for recovery was required to be given. Without a show-cause notice, orders, Annexures 2 and 3, are not sustainable in law. 5. Considering the facts and circumstances of the case, noted above, this petition is allowed. Orders dated 15.3.2013 and dated 19.3.2013 passed by respondent no.4, placed on record as Annexures 2 & 3 respectively, are hereby quashed. 6. It is further provided that the respondents may give a show cause notice to the petitioner in detail, to which the petitioner would be at liberty to respond. Orders dated 15.3.2013 and dated 19.3.2013 passed by respondent no.4, placed on record as Annexures 2 & 3 respectively, are hereby quashed. 6. It is further provided that the respondents may give a show cause notice to the petitioner in detail, to which the petitioner would be at liberty to respond. Only after considering the reply of the petitioner, orders be passed by the respondents in accordance with law and facts. 7. Till fresh orders are passed, it is directed that no recovery shall be effected from the petitioner. _____________