HARISHANKAR GUPTA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. NAMAMI GANGE AND RURAL WATER SUPPLY LKO. AND 3 OTHERS
WRIA/14543/2025 · 2025-12-17
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173591 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173591 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14543 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard Ms. Savita Jain, learned counsel for the petitioner, Mr. Madhav Om, advocate, holding brief of Mr. Samir Om, learned counsel for the opposite party nos. 2 to 4 and Mr. R.S. Tiwari, learned Additional Chief Standing Counsel for the State. 2. By means of this petition the petitioner has prayed following relief :
"i. To issue a writ, order or direction in the nature of certiorari quashing the impugned order22.02.2025 issued by the opposite party no.3 as well as office memorandum dated 28.11.2024 and office memorandum dated 19.03.2025 issued by the opposite party no.4 contained in annexure no.1, 2 & 3 respectively to this writ petition. ii. Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to revise the salary of the petitioner in the pay scale of Rs.775-1067/-, which is the pay scale of Pump Operator-II, with all consequential benefits expeditiously or within the time stipulated by this Hon'ble Court. iii. Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to refund the amount which has been deducted from the salary of the petitioner in the garb of impugned order dated 22.02.2025, 28.11.2024 and 19.03.2025 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 Versus Counsel for Petitioner(s) : Savita Jain Counsel for Respondent(s) : C.S.C., Samir Om Harishankar Gupta .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Namami Gange And Rural Water Supply Lko. And 3 Others .....Respondent(s)
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. 5. In view of the aforesaid terms the writ petition is allowed. December 17, 2025 Mayank WRIA No. 14543 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench