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2025 DAILYLAW 34869 (ALL)

OMPRAKASH RAM v. STATE OF UP AND 2 OTHERS

WRIA/3940/2025 · 2025-03-31

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:44351 Court No. - 6 Case :- WRIT - A No. - 3940 of 2025 Petitioner :- Omprakash Ram Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Manish Kumar Datta,Santosh Kumar Pandey Counsel for Respondent :- Bipin Bihari Pandey,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Santosh Kumar Pandey, learned counsel for petitioner and Sri Bipin Behari Pandey, Advocate for Respondents-2 and 3. 2. This is second round of litigation. Earlier petitioner has approached this Court by way of filing Writ-A No. 19696 of 2024 with a prayer to re-fix his pension. The writ petition was disposed of vide order dated 06.01.2025 to consider the grievance of petitioner. 3. Learned counsel for petitioner submits that subsequently a representation was filed by petitioner, however, instead of re- fixing the pension a notice dated 24.02.2025 is issued for recovery on ground that during service his salary was wrongly fixed. Learned counsel further submits that a reply has been filed to said notice, however, till date it has not been considered as well as that subsequent to retirement such recovery cannot be executed. 4. Learned counsel appearing for Respondents-2 and 3 submits that concerned respondent will take a reasoned decision on basis of reply and material on record as well as after considering position of law on the issue. 5. In aforesaid circumstances, since matter is still seized with District Basic Education Officer, Ghazipur, therefore, an opportunity is granted to concerned respondent to decide the issue after taking note of reply of petitioner as well as position of law so far recovery after retirement is concerned, within a short period, preferably within four weeks from today. 6. With aforesaid observation, the writ petition is disposed of. Order Date :- 1.4.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad