Neutral Citation No. - 2025:AHC:36859 Court No. - 4 Case :- WRIT - A No. - 3179 of 2025 Petitioner :- Dhyan Pal Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vipul Raj Gautam Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for following reliefs: "I. Issue a writ, order or direction in the nature of mandamus commanding the Respondent No.- 3 and 4 to revise the basic pay of the Petitioner to Rs.62,200/- (Rupees Sixty Two Thousand Two Hundred Only) and pay him pension according to the revised pay scale along with arrears of reduced pension with interest of 12% P.A. II. Issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 3 and 4 to Pay the interest at the rate of 12% P.A. upon the amount of Rs.5,52,038/- deducted vide letter dated 18.07.2023 from 31.12.2022 to the date of payment i.e.18.09.2024. III. Issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 4 to decide the representation dated 22.07.2024 (annexed as Annexure - 10) within a stipulated period." It transpires from the record that earlier recovery was ordered due to correction in pay fixation which came to be challenged before this Court qua vide writ petition being Writ - A No.- 21754 of 2023 which stood disposed of on 5th March, 2024 with following directions:- "1. The petitioner has preferred the present writ petition inter-alia with the following prayer:- "i). issue a writ, order or direction in the nature of certiorari quashing the impugned Pay Fixation Order dated 26.4.2023 passed by Respondent No.4 District Level Committee (Annexure No. 1 to the writ petition) and letter dated 18.07.2023 sent by the Respondent no.4 deducting the commuted amount of Rs. 5,52,038=00 from the Post retiral dues (Annexure No.4 to the writ petition). ii) issue a writ, order or direction in the nature of mandamus commanding the respondent no.3 to refund back the recovered amount of Rs. 5,52,038=00, within specific period as fixed by this Hon'ble Court." 2. It is argued that before passing the aforesaid order impugned, at no point of time any notice or opportunity has been provided to the petitioner. 3. Pursuant to the order passed by this Court, instructions received under the signature of Superintendent of Police, Firozabad dated 08.02.2024 is placed before this Court, the same is taken on record. 4. It appears from perusal of the same that there is no denial in the entire instructions that before passing the order impugned any notice or opportunity is provided to the petitioner. 5. In this view of the matter, since the recovery order was passed without providing any notice or opportunity to the petitioner is complete violation of principles of natural justice, the order impugned dated 26.04.2023 passed by the respondent no.4 namely District Level Pay Fixation Committee, District Aligarh as well as the letter dated 18.07.2023 sent by the Respondent no.4 are liable to set aside and are hereby set aside. 6. In view of above, the writ petition is allowed. 7. It is made clear that this order will not restrained the respondents to pass a fresh order in the matter against the petitioner, if so advised." It is contended by learned counsel for the petitioner is that though impugned recovery was refunded to the petitioner but no final pension fixation has been done and in this regard he has already made representation. However, upon a pointed query being made, learned counsel for the petitioner has drawn the attention of this Court towards the order passed by the Contempt Court on 24th July, 2024 in Contempt Application (Civil) No. 4685 of 2024 in which the court has taken notice of the alleged contempt for non compliance of judgment and order of this Court dated 5th March, 2024. In such circumstances, therefore, no parallel proceedings can be permitted to be drawn under Article 226 of the Constitution. Petitioner can pursue the remedy before contempt court for compliance of order of this Court dated 5th March, 2024 for which he has made representation. Subject to aforesaid liberty, this petition is consigned to records. Order Date :- 12.3.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad