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2025 DAILYLAW 168603 (ALL)

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

WRIA/10597/2024 · 2025-03-03

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12519 Court No. - 5 Case :- WRIT - A No. - 10597 of 2024 Petitioner :- Arvind Kumar Dubey Respondent :- U.P. Jal Nigam (Rural) Thru. Managing Director Lko And 3 Others Counsel for Petitioner :- Savita Jain,Raj Kumar Dwivedi Counsel for Respondent :- Samir Om Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner, Shri Madhav Om holding brief of Shri Samir Om, learned counsel for the respondents. 2. With the consent of the parties, the matter is being decided finally. 3. Under challenge is the order impugned dated 27.10.2023, a copy of which is Annexure-1 to the petition, whereby the pay of the petitioner has been revised with effect from 01.05.1987. 4. Specific case of the petitioner is that prior to the impugned order being passed, which has been passed subsequent to the retirement of the petitioner on 31.08.2023, no opportunity of hearing has been accorded to the petitioner which thus vitiates the impugned order. 5. On the other hand, learned counsel appearing for the respondents, on the basis of instructions, states that the petitioner had given an undertaking authorizing the respondents to recover any excess amount on the basis of audit objections. However, the said undertaking would not preclude or give a license to the respondents to pass an order against a retired employee in violation of rules of natural justice. 6. Considering the aforesaid, the writ petition is allowed. 7. Order impugned dated 27.10.2023, a copy of which is Annexure-1 to the petition, is quashed. Consequences to follow. 8. It would be open for the respondents to pass a fresh order in accordance with law after affording an opportunity of hearing. Order Date :- 3.3.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench