Court No. - 16
Case :- WRIT - A No. - 8982 of 2018 Petitioner :- Surendra Nath Pandey Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ashok Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order dated 24.1.2018, which records that petitioner was granted benefit of second and third promotional pay scale and that in view of the clarification issued vide Government Order dated 11.3.2016, as well as the subsequent Government Order dated 19.12.2016, his salary has been fixed at lower level. Submission is that petitioner's salary was correctly fixed earlier and the authorities have unilaterally modified it without putting the petitioner to any notice. It is contended that in the absence of notice petitioner has not been able to demonstrate that reduction of his salary is wholly arbitrary. It is also stated that petitioner in respect of such grievance has already represented before the authority concerned, but no decision has been taken as yet.
Learned Standing Counsel submits that in case petitioner's grievance has not been considered so far, the same shall be examined in accordance with law, at the earliest.
Considering the facts and circumstances, this writ petition stands disposed of permitting the petitioner to approach respondent no.4 alongwith certified copy of this order within a period of two weeks from today. Petitioner shall be at liberty to explain to the authority concerned about the error in his order, and also substantiate that salary earlier fixed was correct. In case petitioner does so, the authority concerned shall examine representation of the petitioner and thereafter pass a fresh order within a period of six weeks thereafter. The order under challenge shall be subject to the fresh order to be passed by the respondents, as indicated above. Till a fresh order is passed, no recovery shall be affected from the petitioner.
Order Date :- 29.3.2018 Ashok Kr.