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Neutral Citation No. - 2025:AHC:143810 Court No. - 52 Case :- WRIT - A No. - 9949 of 2025 Petitioner :- Vishal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamal Kumar Kesherwani Counsel for Respondent :- C.S.C.,Shivendra Singh Bhadauria Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Sri Kamal Kumar Kesherwani, learned counsel for the petitioner, learned Standing Counsel for the State respondent no. 1 and Sri Shivendra Singh Bhadauriya, learned counsel for respondent nos. 2 & 3. Rejoinder affidavit filed on behalf of the petitioner, today, is taken on record. 2. The petitioner has preferred instant writ petition for the following reliefs: (a) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities not to do any further deduction from the salary of the petitioner. (b) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to refund the deducted amount from the salary of the petitioner for the month of November, 2024; December, 2024; January, February, March and June, 2025, along with interest. 3. Learned counsel for the petitioner submits that petitioner's father died-in-harness, after which the petitioner was appointed on compassionate ground on 29.09.2023 and joined his services on 03.10.2023. The petitioner paid his first salary in May, 2024. He has also received his arrears of salary. However, in November, 2024 he found that certain deductions were made from his salary. Thereafter, the petitioner moved a representation before the authority concerned, however, nothing was done thereon, thus, he has preferred the instant writ petition. 4. Learned counsel appearing for respondent nos. 2 & 3, has drawn attention of the Court to an affidavit filed by petitioner's
father and an agreement of petitioner's mother, annexed as annexure-5 to the short counter affidavit, showing that the deductions are being made accordingly and the said affidavit and agreement are not denied by the petitioner. He further submits that in case the petitioner is aggrieved by the fact that he was not given any notice prior to the deduction from his initial salary against the loan taken by his deceased father, he may be permitted to move application, which will be considered by the authority concerned. 5.
Having considered the submissions of learned counsel for the parties, I find that ends of justice would be subserved by issuance of a direction upon respondent no. 2 to consider and decide the representation, if so moved by the petitioner for ventilation of his grievance, in accordance with law by passing a reasoned and speaking order, expeditiously, preferably within a period of two months from the date of moving representation before him. The petitioner is permitted to move representation within a period of three weeks from today. 6. The writ petition stands disposed of accordingly. 7. No order as to costs. Order Date :- 21.8.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad