Allahabad High Court
Thakur Singh vs State Of U.P. And 4 Others on 10 March, 2021
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 15153 of 2020 Petitioner :- Thakur Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dhananjay Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for parties.
Present writ petition is preferred seeking following reliefs:-
"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 15.06.2020 passed by the respondent no.2 as well as consequential order dated 01.11.2020 (order of amended salary) passed by respondent no.3, whereby the pay scale of the petitioner has been revised and recovery of the excess amount has been directed to be made;
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to grant the grade pay as admissible to other similarly situated persons and not to recover the amount, which has already been paid to the petitioner."
Learned counsel for the petitioner submits that the petitioner is serving as Head Jail Warder posted at District Saharanpur. He is aggrieved by the impugned order dated 15.6.2020 pursuant to which order of recovery from him has been ordered by the respondent on the ground that ACP benefits had been wrongly extended to him. In paragraph 15 of the writ petition, it is contended that the aforesaid order has been passed without affording any opportunity of hearing to the petitioner. In support of his submission, he has placed reliance on the order dated 1.2.2021 passed in Writ A No.1014 of 2021 (Vijay Prakash Singh vs. State of UP and 4 others), wherein the Court has proceeded to allow the writ petition with following observations:-
"Accordingly, the writ petitioner is allowed. The impugned order dated 15 June 2020 insofar as it relates to the petitioner, is quashed. It is however left open to the respondents to proceed in the matter afresh in accordance with law and bearing in mind the requirement of the principles of natural justice.
All contentions of respective parties on merits are kept open."
Learned counsel for the petitioner submits that the present matter is squarely covered with the aforesaid judgement and as such, similar indulgence may also be accorded in his favour.
Learned Standing Counsel does not dispute the aforesaid factual and legal aspect of the matter.
Following the judgement in Vijay Prakash Singh's case (supra) the present writ petition is also allowed and the impugned orders, sofar as they relate to the petitioners, are set aside.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 10.3.2021 RKP