DURYODHAN LAL JATAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for petitioner and learned standing Counsel. With the consent of the parties, this writ petition is disposed of at the admission stage.

(2.) BY this writ petition, the petitioner has prayed for quashing the orders dated 12 -10 -2004 and 10 -12 -2004 passed by the Superintendent of Police (Adhisthan), Abhisuchana Mukhyalay, Lucknow by which a sum of Rs. 89410/ - is sought to be recovered from the petitioner towards the erroneous grant of promotional pay scale as Sub Inspector (Ministerial). By an order dated 21st July, 2000, passed by the Superintendent of Police (Regional), Vigilance, Agra, the petitioner, serving as 'Z.O. Staff, Agra', was promoted as sub Inspector (Ministerial), with effect from 14 -8 -1995. This order was passed after reviewing the earlier decision made for promotion. By order dated 7th August, 2004, it was found that the petitioner was not entitled for promotion with effect from 14 -8 -1995 and that, in fact, the petitioner was entitled for promotion from June, 2001. Consequently, by the same order, it was directed that the promotional pay paid to the petitioner in excess due to erroneous promotion, may be recovered from him.

(3.) IT has been held by the Supreme Court in State of Orissa v. Adwait Charan Mohanty, 1995 Supp (1) SCC 470: 1995 SCC (L&S) 522; Union of India v. Sita Ram Dheer, 1994 SCC (L&S) 1445; Nand Kishore Sharma v. State of Bihar, 1995 Supp (3) SCC 722: 1996 SCC (L and S) 124: State of Karnataka v. Mangalore University Non -Teaching Employees' Assn., (2002) 3 SCC 302: AIR 2002 SC 1223, that if additional payment has been made to the employees for no fault of their, they should not be penalized for this.