Neutral Citation No. - 2025:AHC:65464 Court No. - 38 Case :- WRIT - A No. - 47206 of 2017 Petitioner :- Komal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devendra Nath Shukla,Man Mohan Singh,Pawan Kumar Tripathi,Vivek Shukla Counsel for Respondent :- C.S.C.,Ramesh Upadhyaya(Senior Adv.) Hon'ble Donadi Ramesh,J. 1.Heard learned counsel for the parties. 2. This writ petition is filed for following relief: "(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 8.9.2017 passed by respondent no.2 (Director, Bundelkhand Institute of Engineering and Technology Jhansi (BIET Jhansi) (Annexure No. 14, 15, 16 and 17 to the writ petition). (b) Issue a writ, order or direction in the nature of mandamus, directing the respondents to pay the salary to the petitioner month to month, as per pay fixation order dated 06.10.2010 and 16.11.2011. (c) Issue a writ, order or direction in the nature of mandamus, directing the respondents to fix the salary of petitioner for providing benefits of Government Order dated 09.03.2010, 17.06.2010, 31.05.2010, 24.03.2015 and 12.07.2016." 3. The petitioner was initially appointed as Junior Engineer on 19.04.1995 in pay scale of Rs. 1400-2300 (revised from the year 1996 in pay scale 4500-7000) in the BIET Jhansi and since then he is continuously working on the said post. On the report of the pay committee, pay scale of the Junior Engineers was revised in the pay scale of Rs. 5000-8000 (Rs. 9300-34800 and grade pay Rs. 4200). When the pay scale of the petitioner has not been revised as per the Government Order dated 17.6.2010, the petitioner made a representation to the Director of the Institute for fixation of his salary as per the said government order and also for the benefits of A.C.P. Thereafter, Director of the Institute constituted a three members' committee. The said committee submitted a report before the Director on 6.10.2010, which was accepted. Subsequently, the benefits of A.C.P. w.e.f. 1.12.2008 as per the government order was provided to the petitioner and hence, his salary was fixed in the revised pay scale of Rs. 9300-34800 and grade pay Rs. 4600/- In pursuance of the Government Order dated 31.05.2011, the Director of the Institute passed an order dated 16.11.2011, whereby the petitioner's grade pay was upgraded from Rs. 4600 to Rs. 4800 and after completing 16 years' service, the petitioner was provided benefits of second A.C.P. in pay grade of Rs. 5400/-. Subsequently, the respondent no.2 vide order dated 15.05.2017, cancelled the order dated 6.10.2010 and 16.11.2011 passed by the then Director. 4. Learned counsel for the petitioner submits that pay fixation was taken on the basis of the orders issued by the State Government, but without applying his mind, the respondent no. 2 has cancelled the same, which is illegal and arbitrary. Learned counsel for the petitioner further submits that respondent authorities have not considered the Government Orders dated 9.3.2010, 17.6.2010, 31.05.2011, 24.03.2015 and 12.07.2016. Learned counsel for the petitioner has further submitted that vide order dated 8.9.2017 order for recovery of Rs.280256/- was directed to be made from the petitioner. In support of his contention, learned counsel for the petitioner has placed reliance on the decision of Hon'ble Apex Court in the case of State of Punjab and others Vs. Rafiq Masih and others (2015) 2 SCC (L & S) 33. 7. Admittedly, facts are not in dispute but learned counsel for the petitioner has mainly relied on the ratio laid down by Hon'ble Apex Court in the case of State of Punjab and others Vs. Rafiq Masih and others (2015) 2 SCC (L & S) 33, as the respondent did not consider any factual aspect, it is only negligence on the part of the respondent herein while fixing his pay scale and hence, is not entitled for any recovery. 8. Considering the submissions and the ratio laid down by Hon'ble Apex Court in the case of Rafiq Masih (supra), since the petitioner did not conceal any material while he was granted promotion, it was apparent negligible act of the respondents while fixing the pay scale of the petitioner, no recovery can be made from the petitioner. Therefore, the order dated 8.9.2017 passed by respondent no.2 (Director, Bundelkhand Institute of Engineering and Technology Jhansi (BIET Jhansi) directing deduction of Rs.280256/- is set aside. 9. Accordingly, the writ petition succeeds and is allowed. Order Date :- 28.4.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad