Allahabad High Court
Diwakar Singh vs State Of U.P. And 2 Others on 7 December, 2020
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- WRIT - A No. - 8 of 2019 Petitioner :- Diwakar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bramh Narayan Singh Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against the order dated 13.6.2018, whereby his salary has been unilaterally redetermined w.e.f. the year 2006 and the alleged excess amount paid to him is sought to be recovered. It is contended that no opportunity of hearing has been given to petitioner before passing the order and that determination of pay scale is factually incorrect. It is also submitted that as the petitioner is a Class-III employee and any recovery proposed against him would be clearly impermissible in view of the law laid down by the Apex Court in State of Punjab and others Vs. Rafiq Masih (White Washer), reported in 2015 AIR (SC) 696, particularly as there is no fault on part of the petitioner which has led to passing of such order.
Learned Standing Counsel submits that the matter would be revisited by the authority concerned and the claim of petitioner would be examined, after affording an opportunity of hearing to the petitioner, in accordance with law.
Since from the perusal of materials brought on record, it does not appear that any opportunity of hearing has been given to petitioner and also the impugned action itself is not sustainable, keeping in view the principles laid down by the Apex Court in Rafiq Masih (White Washer) (supra), as such, the order impugned cannot be sustained.
Writ petition, consequently, succeeds and is allowed. Order dated 13.6.2018 stands quashed. No recovery shall be made from the petitioner. It shall, however, be open to the authority concerned to pass fresh order, determining the pay scale after affording opportunity of hearing to the petitioner and in accordance with law.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 7.12.2020 n.u.