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Neutral Citation No. - 2025:AHC:48262 Court No. - 4 Case :- WRIT - A No. - 4072 of 2025 Petitioner :- Vidya Sagar Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the parties.
2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has questioned the show cause notice issued to him with regard to some pay fixation done previously in the matter.
3. Learned counsel for the petitioner has sought to challenge the
order only on the ground that earlier issue of wrong pay fixation has come to be set aside by this court in Writ A No. 8973 of 2023.
4. Learned Standing Counsel submits that the recovery has been set aside on different consideration following the case of State Of Punjab & Ors vs Rafiq Masih (White Washer):AIR 2015 SUPREME COURT 696. However, petitioner has to submit reply as to why the earlier wrongful fixation of pay cannot be setaside.
5. In the given facts and circumstances of the case, I find merit in the submission advanced by learned Standing Counsel and I decline to grant indulgence at this stage.
6. Liberty rest with the petitioner to reply to the show cause notice if already not replied to, within four weeks.
7. Liberty also rest with the petitioner to challenge the order as and when it is passed.
8. Subject to the aforesaid liberty, this petition is consigned to records.
Order Date :- 5.4.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad