Allahabad High Court
Sachida Nand Tripathi And 19 Others vs State Of U.P. And 2 Others on 18 September, 2019
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 16 Case :- WRIT - A No. - 12504 of 2014 Petitioner :- Sachida Nand Tripathi And 19 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devendra Pratap Singh,Bhoopendra Nath Singh Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri B. N. Singh, learned counsel for the petitioners and learned Standing Counsel for the respondents.
Present petition has been filed for the following reliefs:
"I. Issue a writ, order, direction in the nature of certiorari quashing the impugned order dated 24.12.2013 passed by respondent No. 3 II. Issue a writ, order, direction in the nature of mandamus commanding the respondent not to reduce the basis pay and made recovery in pursuance of the impugned order dated 24.12.2013."
It has been contended that by an ex-parte order dated 24.12.2013, it has been directed for review of pay fixation and issue of necessary amendments in the fixation of Block Organisers and recovery of irregular payment from the salary of the petitioners to whom ACP was provided on completion of their 10 years and 16 years of service. Sri B. N. Singh, learned counsel for the petitioners has relied upon a decision of this Court passed in Writ A No. 18046 of 2018, Chandrika Prasad Pal vs. State of U.P. and 3 others, wherein this Court in the similar facts and circumstances of the case had directed the authority to pass a reasoned and speaking order after affording opportunity of hearing to the petitioners. Sri Singh has further contended that the State is the only competent authority to decide the matter of the petitioners and not respondent nos. 2 and 3.
Learned Standing Counsel has pointed out that respondent no. 3 in case of Chandrika Prasad (supra) has taken a decision on 20.12.2018, pursuant to the direction of this Court and the authorities concerned will also decide the matters of the petitioners, if so directed by this Court.
In view of the above, the order dated 24.12.2013 is hereby quashed and the matter is remitted back to respondent no. 1 to decide afresh in accordance with law after affording opportunity of hearing to the petitioners within four months from today.
Till the decision, no recovery shall be made from the petitioners.
The writ petitions stands partly allowed.
Order Date :- 18.9.2019 V.S.Singh