AJAY KUMAR YADAV AND 9 ORS v. STATE OF U.P. THROUGH PRINCIPAL SECY HOME LKO AND 2 ORS
WRIA/6397/2005 · 2025-05-12
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138575 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138575 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27585 Court No. - 28 Case :- WRIT - A No. - 6397 of 2005 Petitioner :- Ajay Kumar Yadav And 9 Ors Respondent :- State Of U.P. Through Principal Secy Home Lko And 2 Ors Counsel for Petitioner :- Pankaj Gupta Counsel for Respondent :- C.S.C Hon'ble Brij Raj Singh, J.
1. Heard Shri Tushar Gupta, holding brief of Shri Pankaj Gupta,
learned counsel for the petitioners as well as learned Standing Counsel for the State-respondents and perused the record.
2. Instant writ petition has been filed by the petitioners with the prayer to quash impugned order dated 08.09.2005 passed by opposite party no.3 and the Government Order dated 07.07.2003 contained as Annexure No.1 and 2, respectively to the writ petition.
3. This Court vide interim order dated 26.09.2005 provided that till the next date of listing, deduction from the salary of the petitioners on the behest that certain amount, for which the petitioners were not entitled, has been paid, shall remain stayed.
4. The State has filed a short counter affidavit on 08.10.2009, wherein it is admitted that the State Government has issued Government Order No.760/6-Pu-10-2009-1200(62)/98T.C. dated 30.07.2009, whereby the Government order dated 07.07.2003 has been revoked and the State Government has taken a decision not to deduct/make recovery of the excess amount paid in excess to the stipend to the petitioners and other similarly placed persons and further a direction has been given
for repayment of the recovered amount, if recovered from the petitioners.
5. After going through the record as well as submissions made in the short counter affidavit filed by the State, it is abundantly clear that the facts, which have been espoused by the petitioners, are not surviving for the reason that the State Government has already revoked the Government Order dated 07.07.2003 as well as impugned order dated 08.09.2005 issued by opposite party no.3 i.e. Superintendent of Police, Hardoi.
6. Writ petition is accordingly allowed and the Government
Order dated 07.07.2003 as well as impugned order dated 08.09.2005 issued by opposite party no.3 i.e. Superintendent of Police, Hardoi are hereby quashed. (Brij Raj Singh,J.)
Order Date :- 12.5.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench