Court No. - 33
Case :- WRIT - A No. - 964 of 2019 Petitioner :- Swaraj Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikas Budhwar,Ashok Kumar Nigam Counsel for Respondent :- C.S.C.,Manish Goyal,Pooja Agarwal
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State - respondent and Ms. Pooja Agarwal, learned counsel for respondent nos.2 and 3.
Petitioner's scale of pay appears to have been reduced pursuant to an audit objection raised by the District Judge, Rampur on 03.10.2016. This order has been challenged by filing this writ petition in the year 2019. It is admitted that recovery in terms of the order impugned has already been effected before filing of the writ petition.
Learned counsel for the petitioner states that no reasons have been assigned for holding the payment previously released to petitioner as excessive. It is also urged that in the absence of any determination made by reasoned order, the petitioner has not been able to effectively controvert the determination made.
Ms. Pooja Agarwal, learned counsel for the respondent, on the other hand, submits that petitioner was aware of the order impugned and has challenged it only after his superannuation.
Objection raised on behalf of the respondent appears to have substance.
No timely challenge was made by the petitioner to the order impugned which has already been given effect to. However, as the determination effecting petitioner's fixation of pension etc. is a recurring cause available to the petitioner and no reasons have otherwise been assigned in the order impugned, it would be appropriate to permit the petitioner to represent his grievance before the third respondent, District Judge, Rampur, alongwith a copy of this order annexing all materials in support of his claim within a month from today.
It shall be open for the District Judge, concerned to constitute a Committee to examine the issue regarding correct fixation of petitioner's scale of pay etc. and to pass an appropriate order within a period of four months, thereafter.
Order impugned in the writ petition shall remain subject to the fresh order to be passed by the authority concerned as indicated above.
Accordingly, the writ petition is disposed of.
Order Date :- 8.1.2021 Atul