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2025 DAILYLAW 84566 (ALL)

SATYADHAR DWIVEDI v. STATE OF U.P. AND 3 OTHERS

WRIA/11524/2025 · 2025-09-24

Ajit Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 11524 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. Heard learned counsel for the parties. By means of present petition filed under Article 226 of the Constitution, petitioner has prayed for quashing the order dated 7.7.2025 passed by Director, Institute of Mental Health and Hospital, Agra reducing the salary of the petitioner from 90,000/- to 45,000/- taking plea that as per appointment order of the petitioner, petitioner ought to have been paid only Rs. 45,000/-. It is contended by the learned counsel for the petitioner that when the petitioner had applied for enhancement of the pay and respondent concerned was of the view that petitioner was wrongly paid salary of higher amount, it was incumbent upon the respondent to first issue a show cause notice to the petitioner before passing order which had adverse civil consequences. Learned Standing Counsel though has obtained instructions in the matter, but only to the effect that petitioner was entitled to only to get salary @ Rs. 45,000/-, however, he could not dispute that petitioner was receiving salary of Rs. 90,000/- may be under wrong impression or wrongful act on the part of concerned respondent. In the facts and circumstances of the case, I consider it appropriate to remit the matter before the concerned authority for decision afresh . Accordingly, petitioner is permitted to make reply to the respondent no. 3 Versus Counsel for Petitioner(s) : Prashant Shukla, Ram Prakash Upadhyay Counsel for Respondent(s) : C.S.C. Satyadhar Dwivedi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) taking the order dated 7.7.2025 as notice, within a period four weeks from today and in the moment, he submits reply, the authority, namely, respondent no. 3 shall proceed to pass order afresh considering the reply of the petitioner strictly in accordance with law positively within a further period of two months. The order dated 7.7.2025 shall no be enforced until such decision by the authority, the order shall be abide by the fresh decision to be taken by the authority as directed hereinabove. With the aforesaid observation and direction, this petition stands disposed of. September 25, 2025 Sanjeev WRIA No. 11524 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad