Neutral Citation No. - 2025:AHC:141139 Court No. - 4 Case :- WRIT - A No. - 11851 of 2025 Petitioner :- Malkhan Singh Rathi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amit Goel Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Sri Amit Goel, learned counsel for the petitioner and learned Standing Counsel for the State. 2. By means of this petition filed under Article 226 of Constitution of India, petitioner has assailed the order dated 17.05.2025 whereby refixation has been ordered qua salary of the petitioner with effect from 01.04.2008. 3. It is argued by learned counsel for the petitioner that the petitioner is going to retire in March, 2026 and yet without issuing any notice much less a show cause notice refixation has been done and resultantly, petitioner has been directed to deposit back the amount which is claimed to have been paid in excess towards salary for the alleged wrong pay fixation. It is contended that petitioner's salary is being held on this ground alone. 4. Learned Additional Chief Standing Counsel could not support the order on the point of compliance of principles of natural justice and hence submits that the petitioner can make a representation which may be considered and disposed of by the competent authority against the refixation and consequential recovery order dated 17.05.2025 and 31.07.2025 respectively. 5. Having heard learned counsel for the parties and having perused the records, since the petitioner is still in service, I consider it appropriate for the petitioner to make a representation to the respondent no.4 treating the order of pay-fixation dated 17.05.2025 as a notice, within four weeks from today and in the event he makes a representation, same shall be considered and disposed of by means of reasoned and speaking order within a further period of two months. 6. It is provided that until such decision is taken by the authority as directed hereinabove, provided petitioner makes a representation within period prescribed, the effect and operation of the order dated 17.05.2025 as well as consequential order dated 31.07.2025 passed by Deputy Police Commissioner, Ghaziabad on behalf of Police Commissioner, Ghaziabad shall remain in abeyance. 7. The order impugned shall ultimately abide by the final outcome of the decision to be taken by the authority as directed hereinabove. Petitioner shall be entitled to payment of salary which shall not be witheld before taking such decision. 8. It is made clear that the petitioner's salary, if any witheld, shall stand released with the salary of the month of July, 2025 to be paid in August, 2025 without undue delay and then shall continue to receive salary month to month as it falls due. Order Date :- 19.8.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad