Court No. - 36
Case :- WRIT - A No. - 19136 of 2019 Petitioner :- Sunil Kumar Saxena Respondent :- State of U.P. and Another Counsel for Petitioner :- Anil Babu Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Anil Babu, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
The present writ petition is preferred for a mandamus commanding the respondents to accord a benefit of third ACP to the petitioner to which he is legally entitled after completion of 26 years of service. Further prayer has been to make to command respondents not to make any amendment in the salary of the petitioner, which was last drawn by him.
Learned counsel for petitioner submits that whatever the excess amount has earlier been paid to the petitioner, the same cannot be recovered as he had never been an instrumental in fixation of pay or according such payment. In support of his submission, he has placed reliance on the order passed by this Court in Writ A no.13964/2002, Smt. Chandra Kala Saxena vs. Nagar Palika Parishad Shahjahanpur and others, dated 03.05.2018, wherein, while allowing the writ petition and quashing the impugned order for recovery, reliance has been placed on the observations so made in State of Punjab and others vs. Rafiq Masih and others 2014 (8) SCC 883.
In the facts and circumstances of the case, no useful purpose would be served in keeping the writ petition pending consideration.
With the consent of parties, the writ petition is disposed of asking the Engineer-in-Chief, P.W.D., Vyavasthapan (gha), U.P. at Lucknow to look into the matte and remedy the grievance of the petitioner in accordance with law and in case the petitioner falls under the zone of consideration for according third ACP benefit, definitely the same would be considered in the scheduled meeting. So far as recovery part is concerned, the same cannot be pressed at this stage in the light of the judgement passed in Rafiq Mashih (supra).
Order Date :- 29.11.2019 A. Pandey