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2025 DAILYLAW 94356 (ALL)

RAM SINGH v. GENERAL MANAGER AND 4 OTHERS

WRIA/13536/2025 · 2025-09-09

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13536 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Anil Kumar Singh, learned counsel for petitioner and Sri Gaurav Bishan, learned counsel for respondents. 2. The petitioner is not disputing the re-calculation of salary. He is only aggrieved that it was done after 10 years, therefore, a recovery on monthly basis and in total it may be about Rs.8 lac would be in the teeth of judgment passed by Supreme Court in State of Punjab & others Vs. Rafiq Masih (White Washer) & others, (2015) 4 SCC 334. 3. Learned counsel for respondents submits that since petitioner is in service and admittedly, there was wrong calculation, therefore, recovery can be made month to month basis, therefore, no prejudice is caused. 4. I have considered the above submissions and perused the record. At this stage, the Court takes note that petitioner is not challenging the re-fixation of his salary, therefore, the Court takes note that petitioner may be granted an opportunity to confront the recovery on basis of legal issue, therefore, impugned order dated 31.07.2025 so far as order of recovery is concerned is set aside with the direction that petitioner will file a representation within two weeks from today and will be decided by concerned respondent, taking note of legal impediment to pass an order of recovery within a short period. 5. This writ petition is accordingly, disposed of with aforesaid observations and directions. September 10, 2025 P. Pandey Versus Counsel for Petitioner(s) : Anil Kumar Singh, Jagdish Singh Counsel for Respondent(s) : Gaurav Bishan (Saurabh Shyam Shamshery,J.) Ram Singh .....Petitioner(s) General Manager And 4 Others .....Respondent(s) Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad