RAJ DEO RAM v. STATE OF U.P. THRU. PRIN. SECY. AYUSH ANUBHAG I U.P. LKO. AND 2 OTHERS
WRIA/2411/2025 · 2025-03-11
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125931 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125931 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:15015 Court No. - 6 Case :- WRIT - A No. - 2411 of 2025 Petitioner :- Raj Deo Ram Respondent :- State Of U.P. Thru. Prin. Secy. Ayush Anubhag I U.P. Lko. And 2 Others Counsel for Petitioner :- Mohammad Tauseef Siddiqui,Shiv Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Mohammad Tauseef Siddiqui, learned counsel for the petitioner and the Standing counsel for the respondents.
2. The grievance raised by the petitioner in the present writ petition is that in 2011 the petitioner was granted certain increment considering the fact that juniors were receiving more salary than the petitioner and consequently to bring the petitioner at par with his juniors the increment was granted to him in 2011 which was not admissible to the petitioner and accordingly the respondents sought to recover the entire financial benefits given to him and to recover the excess amount from him.
3. Learned Standing counsel, on the basis of written instructions received from the Director, Ayurved Services, Lucknow on 7.3.2025 has informed this Court that the entire excess amount recovered from the petitioner in lieu of the government order dated 29.9.2020 has been decided to be refunded to the petitioner forthwith and pay of the petitioner shall be re-fixed again in light of the aforesaid government order after giving due opportunity of hearing to the petitioner. The instruction are taken on record.
4. Considering the aforesaid instructions received by the Standing counsel, no further grievance of the petitioner subsists. Accordingly, the petition is disposed of with direction to the respondent to refund the excess amount recovered from him. In light of the orders passed by the respondents in pursuance of the government order dated 29.4.2000, the respondents are also granted liberty to re-fix the salary of the petitioner but the same may be done in accordance with law after giving due opportunity of hearing to the petitioner.
5. It is made clear that fresh order which may be passed would be only for the purpose of pay fixation and not for making any recovery against the petitioner.
6. With aforesaid observations the petitioner stands disposed of. (Alok Mathur, J.) Order Date :- 11.3.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench