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2025 DAILYLAW 154856 (ALL)

PREM CHANDRA CHAUDHARY, PNO NO. 822420097 v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 2 OTHERS

/6786/2024 · 2025-08-13

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47263 Court No. - 8 Case :- WRIT - A No. - 6786 of 2024 Petitioner :- Prem Chandra Chaudhary, Pno No. 822420097 Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Ram Charitra Pandey,Shashank Pandey Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for the petitioner and learned state counsel for the opposite parties. 2. Petition has been filed challenging order dated 13th July 2022, whereby the petitioner's salary has been revised with effect from 1st July 2006 as also order dated 9th November 2022, in pursuance of which a recovery of Rs. 6,48,794/- has been effected from petitioner. 3. At the very outset, learned counsel for the petitioner, on the basis of instructions, submits that he is not pressing his challenge with regard to the re-fixation of pay scale, but places reliance on a judgment rendered in the case of State of Punjab versus Rafiq Masih, 2015(4) SCC 334 with regard to refund of amount already deducted, since petitioner admittedly is a class III employee having superannuated from the post of sub- inspector. It is submitted that it is not the case of the opposite parties that the petitioner had any complicity or made any misrepresentation for excess payment having been issued to him and is therefore covered by the aforesaid judgment. 4. Learned state counsel, on the basis of the counter affidavit, particularly paragraph 13 thereof, submits that recovery was effected from dues of the petitioner only to the tune of Rs. 5,48,035/- which has been refunded to petitioner. 5. Learned counsel for the petitioner, on the basis of instructions, does not dispute the said facts, but claims that the actual amount deducted is Rs. 6,48,794/- and therefore an amount of approximately one lac is yet to be refunded. 6. Since prayer with regard to re-fixation has already been not pressed and factual dipsute exists with regard to the entire refund being made to petitioner, liberty is granted to the petitioner to file a fresh representation before opposite party number 3 i.e. Superintendent of Police, District Fatehgarh, who shall consider and decide discrepancy with regard to the direction made to the petitioner expeditiously, within a period of six weeks from the date a certified copy of this order is produced before the said authority. 7. 7. The petition stands disposed of. Order Date :- 13.8.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench