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2025 DAILYLAW 103248 (ALL)

MATA PRASAD v. STATE OF U.P. AND 3 OTHERS

WRIA/15010/2025 · 2025-10-06

Vikas Budhwar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15010 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Mirza Faheem Beg, learned counsel for the writ petitioner and Sri R.S. Umrao, learned Standing Counsel for the State. 2. The case of the writ petitioner is that the writ petitioner was initially appointed as Constable in G.R.P. on 01.08.1989 at District Farrukhabad and had worked till 1997 and thereafter he was transferred in the year 1997 to the post of Contable in Civil Police at District Jhansi whereat he worked till 2011 and thereafter he was transferred to Agra followed by District Lalitpur and Farrukhabad and he was further promoted to the post of Head Constable and Sub Inspector in the year 2022, however, an order came to be passed by the fourth respondent, Superintendent of Police, District Kannauj on 27.03.2025 whereby, it was mentioned that the salary of the writ petitioner had been wrongly fixed to the tune of Rs. 56,900/- on 01.07.2024 in place of the correct salary of Rs. 58,600/- on 01.07.2024 and consequential orders were also passed for recovery of the said amount by making deductions to the tune of Rs. 10,000/- per month. The writ petitioner on gathering knowledge about the same, submitted a representation on 25.07.2025 before the fourth respondent coming up with the stand that there has been violation of principles of natural justice and the writ petitioner was put to notice before effectuating recovery of the said amount and altering the pay scale/salary of the writ petitioner. Learned ocunsel for the writ eptitioner has invited the attention of the Court towards para 18 of the writ petition so as to further contend that the impugned action has been taken in violation of principles of natural justice. Learned counsel for the writ petitioner submits that first of all, the recovery could not have been made and, in case, there was any merit in the stand taken by the respondents then to it was obligatory Versus Counsel for Petitioner(s) : Mirza Faheem Beg Counsel for Respondent(s) : C.S.C. Mata Prasad .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) upon the respondents to have put the writ petitioner to notice and to have the say of the writ petitioner and then to pass orders. 3. Prayer in the present writ petition is for quashing fo the order dated 27.03.2025. 4. Sri R.S. Umrao, learned Standing Counsel, on the other hand, submits that from the perusal of the order, it is crystal clear that there has been incorrect determination/salary/pay scale which has been rectified, however, according to him, it is not forthcoming from the order impugned in the writ petition that the writ petitioenr was put to notice, he submits that the since the writ petitioner has already preferred representation/objection, the same be decided and in the meantime no coercive action be taken. 5. Considering the submissions so made across the bar and looking into the fact that a specific pleading has been taken in para 18 of the writ petition that writ petitioner was not put to notice and further it is also not forthcoming from the order in question, thus, the writ petition stands disposed of in the following terms.- (a) the writ petitioner shall file a certified copy of the order along with the self attested copy of the present petition before the SSP, Kannauj, fourth respondent by 17.10.2025, on the said motion, the competent authority shall proceed to pass orders after putting to notice the writ petitioner by 21.11.2025; (b) till the passing of the order, no further deduction shall be made; (c) any deduction made shall be subject to the final orders to be passed; (d) the protection so accorded to the writ petitioner shall remain applicable only in those contingencies wherein the writ petitioner stick to the timeline and does not violate any terms and conditions of the order and, in case, there has been any violation the protection so accorded shall stand vacated without reference to the Bench. 6. Needless to point out that the Court has not entered into the merits of the matter. October 7, 2025 Rajesh WRIA No. 15010 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad