RAM SURAT CHAUBE Vs. STATE OF U P

JUDGEMENT

(1.) MUKTESHWAR Prasad, J. By means of this writ petition under Article 226 of the Constitution of India,1950, the petitioner has prayed for issuance of a writ of certiorari quashing the orders dated 22-2-1992 and 31-10-1991 (Annexures 15 and 12 to the writ petition respectively) and for issuance of a direction in nature of mandamus commanding the respondents not to recover the amount in question from the petitioner.

(2.) WE have heard learned counsel for the petitioner Sri P. N. Tripathi and learned Standing Counsel at length and perused the record.

(3.) SINCE the date of his appointment, the petitioner was drawing his pay as Principal of Homeopathic Medical College in the prescribed pay scale along with dearness allowance. He was also getting non- practicing allowance at the rate of 25% of the basic pay. The petitioner was transferred to Tilakdhari Homeopathic Medical College and Hospital, Jaunpur and on the basis of last pay certificate, he was drawing pay, dearness allowance as well as non-practicing allowance in accordance with the original appointment letter.