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2025 DAILYLAW 109568 (ALL)

RAJA RAM v. State of UP AND 4 OTHERS

WRIA/19192/2024 · 2025-02-06

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17248 Court No. - 5 Case :- WRIT - A No. - 19192 of 2024 Petitioner :- Raja Ram Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Jitendra Kumar Chakraborty Counsel for Respondent :- C.S.C.,Mritunjay Mohan Sahai Hon'ble Ajay Bhanot,J. Heard Shri Jitendra Kumar Chakraborty, learned counsel for the petitioner, Shri Mritunjay Mohan Sahai, learned counsel for the respondent and learned Standing Counsel for the State. The petitioner's salary was wrongly fixed. The excess amount is sought to be recovered by means of impugned order. In case the salary of an employee is wrongly fixed and excess amount has been disbursed, the employer has a right to recover the same in some circumstances. However, prior to such recovery the concerned employee shall be duly noticed on the errors in the fixation of the salary and the correct computation of the salary. This procedure has not been adopted. In this wake the impugned order is quashed. The matter is remitted to the respondent no. 2, Assistant Regional Managar, Uttar Pradesh State Roadways Transport Corporation, Belthara Road Dipo, District Ballia with the following directions: 1. The respondent no. 2 shall give details of the incorrect computation of salary along with relevant government orders. Simultaneously, the notice to the petitioner shall also disclose the manner of correct computation of the salary with supporting government orders. 2. The petitioner shall be given adequate time to reply to the aforesaid notice. The controversy shall be decided within a period of three months. It is categorically stated that the Court has not adjudicated the correct computation of the salary of the petitioner. In the meantime, the Managing Director of the Uttar Pradesh State Roadways Transport Corporation, Azamgarh is directed to ensure that prior to the grant of enhanced salary an undertaking shall be called from the employee that in case the salary has been incorrectly computed the excess amount shall be recovered from him. [Ref: Chandi Prasad Uniyal And Ors. vs. State of Uttrakhand and Ors reported at 2012 (8) SCC 417] The corporation shall regularly examine the fixation of salary of employees. Wrong fixation of salary is a drain on the public exchequer which leads to enrichment of employee at the cost of the State exchequer. The writ petition is allowed to the extent indicated above. Order Date :- 6.2.2025/Vandit Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad