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2025 DAILYLAW 132691 (ALL)

SHAILESH KUMAR RAI v. U.P. JAL NIGAM (RURAL) THRU. MANAGING DIRECTOR LKO. AND 3 OTHERS

WRIA/3977/2025 · 2025-04-18

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22191 Court No. - 3 Case :- WRIT - A No. - 3977 of 2025 Petitioner :- Shailesh Kumar Rai Respondent :- U.P. Jal Nigam (Rural) Thru. Managing Director Lko. And 3 Others Counsel for Petitioner :- Savita Jain Counsel for Respondent :- Samir Om,Parimal Bhatt Hon'ble Rajesh Singh Chauhan,J. 1. Heard Ms. Savita Jain, learned counsel for the petitioner and Sri Parimal Bhatt, learned counsel for the opposite party. 2. By means of this petition the petitioner has prayed following relief : "(a) To issue a writ, order or direction in the nature of certiorari quashing the impugned office order dated 20.10.2024 issued by Accounts Officer (Audit) U.P. Jal Nigam, Lucknow as well as consequential office memorandum dated 28.11.2024 issued by the Opp. party No. 4, the true copies of which are contained as Annexure No. 1 and 2 respectively to the writ petition. (b) To issue a writ, order or direction in the nature of mandamus commanding and directing the Opp. parties to revise the salary of the petitioner in the pay scale of Rs. 825-1200 w.e.f. 01.04.1990 and provide him all the service benefits as he was drawing prior to issuance of order dated 30.10.2024 and 28.11.2024 expeditiously or within the time stipulated y this Hon'ble Court. (c) To issue a writ, order or direction in the nature of mandamus commanding and directing the Opp. parties to refund the amount which has been deducted from the salary of the petitioner on account of re- fixation of his salary in the pay scale of Rs. 775-1067 expeditiously or within the time stipulated by this Hon'ble Court." 3. Learned counsel for the opposite party has stated on the basis of instructions that before passing the impugned orders the opportunity of hearing has not been given to the petitioner. He has also submitted that the exercise of re-audit relating to re- fixation of salary to the petitioner may be undertaken and in such exercise if any irregularity is found, the same may be corrected. 4. Having considered the submissions of learned counsel for the parties, since the impugned order has been passed without affording an opportunity of hearing to the petitioner, therefore, the impugned orders are hereby quashed remanding back the issue to the competent authority to pass appropriate orders in favour of the petitioner and if irregularity is found in the course of re-audit the amount may be refunded to the petitioner as has been deducted from the salary of the petitioner in the garb of impugned orders within a period of two months from the date of production of certified copy of the order of this Court. 6. In view of the aforesaid terms the writ petition is allowed. . [Rajesh Singh Chauhan, J.] Order Date :- 18.4.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench