ABDUL QAYYUM AND 7 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIA/2709/2025 · 2025-04-27
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25126 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25126 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:66111 Court No. - 4 Case :- WRIT - A No. - 2709 of 2025 Petitioner :- Abdul Qayyum And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahesh Sharma,Maohammd Nadeem Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the parties and perused the records. Petitioner is aggrieved by the deduction being made from his salary without serving the order dated 28th December, 2024. Learned Standing Counsel was directed to obtain instructions in the matter as to why the recovery proceedings be not initiated in the event order dated 28th December, 2024 was not served upon the petitioner. On 4th March, 2024 this Court has passed the following order:
"1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. Learned counsel for the petitioner submitted that without service of order dated 28.12.2024, recovery proceedings has been initiated against the petitioner, which is bad and liable to be set aside.
3. Learned Standing Counsel is directed to produce the copy of impugned
order dated 28.12.2024 within one week time.
4. Put up this case as fresh on 11.3.2025." Learned Standing Counsel has obtained instruction in the matter and as per the instruction only statement has come to the effect that wrongful pay fixation was done way back in the year 2009-2010 of the respective petitioners and hence correction has been carried out. The instructions are, however, absolutely silent regarding service of the order dated 28th December, 2024/ 23rd December,
2024. A copy of the instructions is also served upon the learned counsel for the petitioner.
Learned counsel for the petitioner submits that deduction from salary has an adverse civil consequence and therefore, no such
deduction could have been made without serving a copy of the
order. This Court has already held previously in a catena of decisions that the order causing adverse civil consequences to be passed only after complying the principle of natural justice. In view of the above and the admitted position of the fact that the
order dated 28th December, 2024 now stated to be 23rd December, 2024 was never served upon the petitioner, the same cannot be sustained in law. The order dated 28th December, 2024/ 23rd December, 2024 is accordingly, hereby quashed. The respondents are directed to proceed afresh for correction of pay fixation after giving full notice and opportunity of hearing to the petitioner. The deductions that have been already made shall abide by the final outcome of the proceedings, if initiated by the State respondents as directed above. The petition stands allowed as above.
Order Date :- 28.4.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad