Neutral Citation No. - 2025:AHC:55390-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 295 of 2025 Appellant :- Dhyan Pal Singh Respondent :- State Of U.P. And 6 Others Counsel for Appellant :- Vipul Raj Gautam Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Anish Kumar Gupta,J. 1. With the consent of learned counsel for the parties, the special appeal is taken up for final disposal at the admission stage itself considering the nature of order proposed to be passed. 2. This special appeal arises out of an order passed by learned Single Judge on 12.3.2025 in Writ-A No.3179 of 2025, whereby learned Single Judge has refused to interfere in the matter on the ground that the issues pressed are already engaging the attention of the Contempt Court in Contempt Application (Civil) No.4685 of 2024. 3. It transpires that the appellant had previously filed Writ-A No. 21754 of 2023 which was disposed of vide following order passed on 5.3.2024:- “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.” 4. It is admitted that pursuant to the aforesaid order passed the amount deducted towards wrongful fixation has already been paid to the appellant. However, there is no fresh order passed with regard to correct fixation of salary. The writ petition, accordingly, came to be filed with the prayer to direct the authorities to revise the basic pay of the petitioner and to release him pension as per his entitlement alongwith interest. The second prayer was for return of the amount of Rs.5,52,038.00/-. This amount has already been returned to the appellant and, therefore, prayer clause (ii) has lost its efficacy. However, the representation of the petitioner in respect of pay fixation as well as release of salary did merit consideration. The view taken by the learned Single Judge that contempt petition since is pending, therefore, fresh claim need not be examined cannot be approved of in view of the fact that the Contempt Court cannot travel beyond the scope of the original order passed in writ which is confined to the aspect of recovery. The claim for correct fixation of salary as well as release of retiral benefits including pension is an independent cause which did merit consideration. 5. In that view of the matter, we set aside the order passed by the learned Single Judge dated 12.3.2025 and dispose of the special appeal with a direction upon the District Level Pay Fixation Committee i.e. respondent no.3 to correctly fix the petitioner’s pay scale and based upon such fixation to release the pension as per appellant’s entitlement. The third respondent shall pass appropriate orders within a period of two months and the grievance relating to correct fixation of pension as well as release of arrears etc. would also be addressed within a further period of two months, thereafter. Order Date :- 16.4.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad