Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15067 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Ramesh Chandra Tiwari, learned counsel for the writ petitioner and Sri Vishal Singh, learned Standing Counsel for the State. 2. The case of the writ petitioner is that he was appointed as a Constable Civil Police on 15.10.1989 and promoted as Head Constable in the year 2013 and further promoted as Sub Inspector in the year 2015 thereafter, he superannuated on 30.06.2025. Though orders were also passed for payment of post retiral benefits, however, on 31.05.2025 without any basis whatsoever the salary of the writ petitioner was deducted vide amendment order passed by the Police Commissioner, Gautam Budhnagar i.e. from Rs. 64,100/- while fixing it to be Rs. 56,900/- with effect from 01.07.2025 that too without putting to notice to writ petitioner. Learned counsel for the writ petitioner has submitted that in case, the salary or the pay scale was erroneously accorded to the writ petitioner and the same need alteration then opportunity of hearing ought to have been accorded which has not been done. Attention has been invited towards paragraph no. 18 of the writ petition. 3. Prayer in the present petition is for quashing of the order dated 31.05.2025 passed by the Assistant Police Commissioner, Gautam Budhnagar and for a direction to accord basic pay scale of Rs. 64,100/- and to pay the amount of Rs. 8,19,674/- which have been illegally recovered. 4. Learned Standing Counsel, on the other hand, submits that it is a matter Versus Counsel for Petitioner(s) : Diwakar Prasad Tiwari, Ramesh Chandra Tiwari Counsel for Respondent(s) : C.S.C. Krishan Pal Singh .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s)
of policy of the State Government that whenever there is any alteration in the pay scale or salary then opportunity of hearing is to be accorded and here it is not forthcoming from the order dated 31.05.2025 which appears to be an order of a committee but it is not clear whether the writ petitioner was put to notice. According to him, the writ petitioner would be accorded opportunity of hearing and an appropriate decision would be taken in this regard. 5.
Looking into the overall fact situation and the stand taken by the respective parties, this Court without delving any further is disposing of the writ petition in the following terms.- (a) the writ petitioner shall prefer a comprehensive representation along with the self attested copy of the present petition and a certified copy of the order passed today by 17.10.2025, on the said motion, the fifth respondent, Assistant Police Commissioner, District Gautam Budhnagar shall fix a date for putting to notice the writ petitioner and hear him after due communication; (b) on the date so fixed, hearing be done and the writ petitioner may also if necessitated ask to submit certain documents or provide inputs and thereafter orders be passed within a period of two months; (c) till fresh orders are passed, no coercive action shall be taken against the writ petitioner; (d) any amount so deducted shall be subject to the final orders to be passed in that regard. 6. With the above observation, the present petition stands disposed of. October 7, 2025 Rajesh WRIA No. 15067 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad