Counsel for v. A.K.Umrao

1. Heard Sri A.K.Umrao, learned counsel for the petitioner and Sri Pramod Kumar Srivastava, learned Additional Chief Standing Counsel, who appears for State-respondents.

2. The case of the writ petitioner is that he was appointed on the post of constable(M) on 07.09.2000 at Superintendent Police Office, District Moradabad under dying-in-harness Rules, 1974 on a fixed pay and in January, 2005, he was transferred from the office of Superintendent of Police Rampur and thereafter he was absorbed on the post of Assistant Sub- Inspector (M) and on September, 2011, he was transferred to office of Commandant 23th Battalion, PAC, Moradabad and now he is working as Assistant Sub-Inspector Clerk. That on 08.05.2006, an order was issued by the respondents authorities by which 982 posts of constable (M) including the writ petitioner who was appointed as on compassionate ground, they were absorbed and they were made entitled to pay-scale of Rs. 11360/-. Thereafter second respondent proceeded to pass an order dated 21.11.2013 by which it had been instructed for removing the anomaly in the pay-scale of 982 constable (M), who were appointed under dying in harness rules in pursuance of the directions dated 21.11.2013, on 02.12.2013 all the respective authorities were to treat the service of the absorbed constable (M) on the post of Assistant Sub-Inspector (M). The petitioner was also accorded ACP upon completion of 10 years of satisfactory service and he was also confirmed thereafter on 04.08.2022, a letter came to be issued by the Finance Controller U.P. Police Headquarter Lucknow apprising that according to the audit inspector report of the audit team of P.H.Q. in the year 2022, it was found that the petitioner was given the benefit while according 2 WRIA No. 15244 of 2025 fixation of pay-scale and thereafter post issuance of the notice on

26.08.2025, an order came to be passed by the Superintendent of Police, Amethi directing for recovery of the amount of Rs. 7,79,094/-.

3. Questioning the same, the writ petitioner has been filed the present writ petition.

4. This Court entertained the writ petition on 09.10.2025 and sought instructions from the Standing Counsel. Today instructions have been forwarded under the signature of Commandant 15th PAC, Agra dated

08.10.2025.

5. Learned counsel for the writ petitioner has submitted that the recovery proceedings so sought to be initiated cannot be sustained for the simple reason that there has been no fraud or misrepresentation or any point of time. According to him, though employer has a right to correct the discrepancy or error but the same can only be done once the affected person is put to notice and not unilaterally. Submission is that though it has been claimed by the respondents that two show cause notices had been issued for re-fixation on 22.03.2025 and 26.06.2025 but the writ petitioner took time to respond but did not respond, however, when the ultimate order came to be passed on

26.08.2025, there is no finding in coming to the conclusion that as to how and under what circumstances, there was a wrong fixation. However, he submits that the impugned order be set aside and the matter be remitted back to authority to pass fresh orders.

6. Sri Pramod Kumar Srivastava, learned Additional Chief Standing Counsel submits that it is always open for the employer to correct the error and to re- fix and here in the present case, on a couple of occasions, opportunity was accorded to the writ petitioner to respond to the show cause notice but the writ petitioner did not respond but took time, however, he could not dispute the fact that there is no reason assigned in the order impugned as to why the salary/ pay scale is to be refixed.

7. I have heard learned counsel for the parties and gone through the records carefully.

8. The facts are not in issue. It is not in issue that the writ petitioner was accorded certain pay benefits. However, notice came to be issued to the writ petitioner for re-fixation, however, the writ petitioner did not submit reply 3 WRIA No. 15244 of 2025 and took time. Importantly, the order dated 26.08.2025 does not record any single line to dedicate about the reasons in coming to the conclusion as to why the re-fixation is to be done. In case At least in case was not submitted something more was required to be recited in the order. Since the said exercise is lacking thus the order cannot be sustained.

9. The order dated 26.08.2025 which is quoted hereinunder: "कृ पया अपने आदेश संख्या-व-54/2025 िदनांिकत 22.07.2025 का संदभर् ग्रहण करने का कष्ट करें। िजसके द्वारा आन्तिरक सम्प्रेक्षा प्रितवेदन सम्बन्धी पत्र संख्या-21-5 (अमेठी)-2022-23 िदनांिकत 04.08. 2022 में अंिकत सम्प्रेक्षा टोली द्वारा 07/2021 से 06/2022 पर आधािरत सम्प्रेक्षा अविध में उठाई गई आपित्त में उपिनरीक्षक (िलिपक) 002640075 श्री कु लदीप गंगवार को त्रुिटपूणर् वेतन का लाभ िदये जाने से सम्बिन्धत आिडट वसूली की धनरािश के आगणन हेतु संशोिधत वेतन चाटर् इस कायार्लय को प्रेिषत िकया गया है। आपके कायार्लय से प्राप्त उक्त संदिभत वेतन संशोधन आदेश के कम में उक्त कमीर् श्री कु लदीप गंगवार के वेतन प्रािप्त का ड्यू/ड्रान चाटर् तैयार कराकर इस पत्र के साथ संलग्न कर प्रेिषत िकया जा रहा है। संशोिधत वेतन चाटर् के द्वारा िकये गये आगणन के अनुसार श्री कु लदीप गंगवार से रुपया 7,79,094.00 (रूपया सात लाख उन्यासी हजार चौरानवे मात्र) की वसूली अपेिक्षत है। अतः अनुरोध है िक उपिनरीक्षक (िलिपक) 002640075 श्री कु लदीप गंगवार को त्रुिटपूणर् वेतन का लाभ िदये जाने के उपरान्त उन्हें अिधक भुगतान की गयी धनरािश रूपया 7.79,094.00 (रूपया सात लाख उन्यासी हजार चौरानवे मात्र) की वसूली अिवलम्ब कराकर कोषागार बाउचर संख्या/िदनांक से अवगत कराने अथवा वसूल की गयी धनरािश के चालान की प्रमािणत प्रित अिवलम्ब इस कायार्लय को िभजवाने की कृ पा करें, तािक इस जनपद में प्रचिलत आिडट पत्रावली का िनस्तारण कराया जा सके ।"

10. Accordingly, the writ petition is being decided in the following manner: (a). The impugned order/ letter dated 26.08.2025 issued by the respondent no.6 to respondent no 7 is set aside. (b). The matter stands remitted back to pass fresh order strictly in accordance with law after hereing the writ petitioner while fixing a date within a period of two months from the date of presentation of the certified copy of the order.

11. Accordingly, the writ petition stands disposed of.

12. Instructions have been filed today is taken on record and marked as Appendix-A. October 28, 2025 A. Prajapati (Vikas Budhwar,J.)

1. Heard Sri A.K.Umrao, learned counsel for the petitioner and Sri Pramod Kumar Srivastava, learned Additional Chief Standing Counsel, who appears for State-respondents.

2. The case of the writ petitioner is that he was appointed on the post of constable(M) on 07.09.2000 at Superintendent Police Office, District Moradabad under dying-in-harness Rules, 1974 on a fixed pay and in January, 2005, he was transferred from the office of Superintendent of Police Rampur and thereafter he was absorbed on the post of Assistant Sub- Inspector (M) and on September, 2011, he was transferred to office of Commandant 23th Battalion, PAC, Moradabad and now he is working as Assistant Sub-Inspector Clerk. That on 08.05.2006, an order was issued by the respondents authorities by which 982 posts of constable (M) including the writ petitioner who was appointed as on compassionate ground, they were absorbed and they were made entitled to pay-scale of Rs. 11360/-. Thereafter second respondent proceeded to pass an order dated 21.11.2013 by which it had been instructed for removing the anomaly in the pay-scale of 982 constable (M), who were appointed under dying in harness rules in pursuance of the directions dated 21.11.2013, on 02.12.2013 all the respective authorities were to treat the service of the absorbed constable (M) on the post of Assistant Sub-Inspector (M). The petitioner was also accorded ACP upon completion of 10 years of satisfactory service and he was also confirmed thereafter on 04.08.2022, a letter came to be issued by the Finance Controller U.P. Police Headquarter Lucknow apprising that according to the audit inspector report of the audit team of P.H.Q. in the year 2022, it was found that the petitioner was given the benefit while according 2 WRIA No. 15244 of 2025 fixation of pay-scale and thereafter post issuance of the notice on

26.08.2025, an order came to be passed by the Superintendent of Police, Amethi directing for recovery of the amount of Rs. 7,79,094/-.

3. Questioning the same, the writ petitioner has been filed the present writ petition.

4. This Court entertained the writ petition on 09.10.2025 and sought instructions from the Standing Counsel. Today instructions have been forwarded under the signature of Commandant 15th PAC, Agra dated

08.10.2025.

5. Learned counsel for the writ petitioner has submitted that the recovery proceedings so sought to be initiated cannot be sustained for the simple reason that there has been no fraud or misrepresentation or any point of time. According to him, though employer has a right to correct the discrepancy or error but the same can only be done once the affected person is put to notice and not unilaterally. Submission is that though it has been claimed by the respondents that two show cause notices had been issued for re-fixation on 22.03.2025 and 26.06.2025 but the writ petitioner took time to respond but did not respond, however, when the ultimate order came to be passed on

26.08.2025, there is no finding in coming to the conclusion that as to how and under what circumstances, there was a wrong fixation. However, he submits that the impugned order be set aside and the matter be remitted back to authority to pass fresh orders.

6. Sri Pramod Kumar Srivastava, learned Additional Chief Standing Counsel submits that it is always open for the employer to correct the error and to re- fix and here in the present case, on a couple of occasions, opportunity was accorded to the writ petitioner to respond to the show cause notice but the writ petitioner did not respond but took time, however, he could not dispute the fact that there is no reason assigned in the order impugned as to why the salary/ pay scale is to be refixed.

7. I have heard learned counsel for the parties and gone through the records carefully.

8. The facts are not in issue. It is not in issue that the writ petitioner was accorded certain pay benefits. However, notice came to be issued to the writ petitioner for re-fixation, however, the writ petitioner did not submit reply 3 WRIA No. 15244 of 2025 and took time. Importantly, the order dated 26.08.2025 does not record any single line to dedicate about the reasons in coming to the conclusion as to why the re-fixation is to be done. In case At least in case was not submitted something more was required to be recited in the order. Since the said exercise is lacking thus the order cannot be sustained.

9. The order dated 26.08.2025 which is quoted hereinunder: "कृ पया अपने आदेश संख्या-व-54/2025 िदनांिकत 22.07.2025 का संदभर् ग्रहण करने का कष्ट करें। िजसके द्वारा आन्तिरक सम्प्रेक्षा प्रितवेदन सम्बन्धी पत्र संख्या-21-5 (अमेठी)-2022-23 िदनांिकत 04.08. 2022 में अंिकत सम्प्रेक्षा टोली द्वारा 07/2021 से 06/2022 पर आधािरत सम्प्रेक्षा अविध में उठाई गई आपित्त में उपिनरीक्षक (िलिपक) 002640075 श्री कु लदीप गंगवार को त्रुिटपूणर् वेतन का लाभ िदये जाने से सम्बिन्धत आिडट वसूली की धनरािश के आगणन हेतु संशोिधत वेतन चाटर् इस कायार्लय को प्रेिषत िकया गया है। आपके कायार्लय से प्राप्त उक्त संदिभत वेतन संशोधन आदेश के कम में उक्त कमीर् श्री कु लदीप गंगवार के वेतन प्रािप्त का ड्यू/ड्रान चाटर् तैयार कराकर इस पत्र के साथ संलग्न कर प्रेिषत िकया जा रहा है। संशोिधत वेतन चाटर् के द्वारा िकये गये आगणन के अनुसार श्री कु लदीप गंगवार से रुपया 7,79,094.00 (रूपया सात लाख उन्यासी हजार चौरानवे मात्र) की वसूली अपेिक्षत है। अतः अनुरोध है िक उपिनरीक्षक (िलिपक) 002640075 श्री कु लदीप गंगवार को त्रुिटपूणर् वेतन का लाभ िदये जाने के उपरान्त उन्हें अिधक भुगतान की गयी धनरािश रूपया 7.79,094.00 (रूपया सात लाख उन्यासी हजार चौरानवे मात्र) की वसूली अिवलम्ब कराकर कोषागार बाउचर संख्या/िदनांक से अवगत कराने अथवा वसूल की गयी धनरािश के चालान की प्रमािणत प्रित अिवलम्ब इस कायार्लय को िभजवाने की कृ पा करें, तािक इस जनपद में प्रचिलत आिडट पत्रावली का िनस्तारण कराया जा सके ।"

10. Accordingly, the writ petition is being decided in the following manner: (a). The impugned order/ letter dated 26.08.2025 issued by the respondent no.6 to respondent no 7 is set aside. (b). The matter stands remitted back to pass fresh order strictly in accordance with law after hereing the writ petitioner while fixing a date within a period of two months from the date of presentation of the certified copy of the order.

11. Accordingly, the writ petition stands disposed of.

12. Instructions have been filed today is taken on record and marked as Appendix-A. October 28, 2025 A. Prajapati (Vikas Budhwar,J.)