Court No. - 16
Case :- WRIT - A No. - 8641 of 2018 Petitioner :- Amar Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Dinesh Kumar Singh,Anubhav Chandra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order dated 3.5.2017, whereby his entitlement to salary has been unilaterally altered since 2008. The excess amount is also sought to be recovered. Learned counsel for the petitioner submits that petitioner's salary was correctly fixed, and the order modifying such salary is contrary to rules. It is also submitted that no notice or opportunity has been afforded to petitioner. Reliance is placed upon a judgment of the Apex Court in State of Punjab V. Rafiq Masih (White Washer), reported in 2015 (4) SCC 334.
Learned Standing Counsel submits that the authority concerned may be permitted to re-visit the issue, in accordance with law.
Considering the above, this petition stands disposed of permitting the petitioner to approach respondent no.3, alongwith certified copy of this order, within two weeks from today. The concerned respondent shall afford an opportunity of hearing to the petitioner and thereafter shall proceed to redetermine the issue, in accordance with law, within a further period of two months thereafter. Till the fresh examination takes place, no recovery shall be effected from the petitioner. For the purposes of facilitating a fresh adjudication of cause, in accordance with law, and also for the reasons that no opportunity of hearing was afforded to the petitioner, the order impugned dated 3.5.2017 stands quashed.
Order Date :- 27.3.2018 Anil