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2025 DAILYLAW 151016 (ALL)

LAXMI NARAYAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF FINANCE LKO. AND 3 OTHERS

WRIA/7483/2025 · 2025-07-11

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39628 Court No. - 18 Case :- WRIT - A No. - 7483 of 2025 Petitioner :- Laxmi Narayan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Finance Lko. And 3 Others Counsel for Petitioner :- Shivendra S Singh Rathore,Atul Sharma,Bhavesh Chandel,Sachin Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 30th May, 2025 and 31st May, 2025 whereby pay benefits granted to petitioner in the year 2006 were indicated as having been wrongly given whereafter re- fixation of pay scale has been made alongwith direction for recovery to be made from salary of petitioner. 3. It has been submitted that impugned order has been passed without affording any opportunity of hearing and that too withdrawing benefits which were granted to petitioner almost 19 years ago. He has placed reliance on judgment rendered by Supreme Court in the case of State of Punjab versus Rafiq Masih (whiter washer) 2015 (4) SCC 336 since petitioner is a class III employee. 4. Learned State Counsel has refuted submissions advanced by learned counsel for petitioner with submissions that impugned order has been passed in view of the fact that benefit of increment was incorrectly granted to petitioner in the year 2006 and such an error has been sought to be rectified. 4. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that impugned order has been passed without affording any opportunity of hearing to petitioner whereby benefits granted to petitioner 19 years ago have been withdrawn on an ex parte basis. It also appears that opposite parties have not taken into consideration the judgment rendered by Supreme Court in the case of Rafiq Masih (supra). 5. In view of aforesaid facts and circumstances, the impugned orders dated 30th May, 2025 and 31st May, 2025 are hereby quashed by issuance of writ in the nature of Certiorari granting liberty to opposite parties to pass fresh orders but only after affording opportunity of hearing to petitioner and in consideration of judgment rendered by Supreme Court in the case of Rafiq Masih (supra). The petitioner shall annex a copy of the judgment rendered by Supreme Court in the case of Rafiq Masih (supra) alongwith certified copy of the order. 6. Consequently the petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost. Order Date :- 11.7.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench