CHHEDI LAL GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) IN the present case petitioner is questioning the valid ity of the decision dated 28th July, 2001 taken by Medical Officer INcharge, Employees State INsurance Dispensary, Naini-I, Allahabad informing the pe titioner that fixation of his salary w.e.f. 18th July, 1981 has been wrongly made, and for the same Audit Department has made different fixation, and as per same the excess amount has been paid, and the same is liable to be recov ered.

(2.) CONTENTION of petitioner is that he had no role to play in the matter of fixation of salary, and as such after 20 years such a direction could not be issued for recovery of said amount.

(3.) THE issue which has been sought to be raised in the writ petition has already been answered by this Court in Civil Misc. Writ Petition No. 3376, "Mohd. Moosa v. State of U.P. and others", wherein this Court has taken the view that in the matter of fixation of salary and allowances in case there is no fraud or misrepresentation on the part of the employee concerned in the matter of fixation that amount paid in case, on account of wrong fixation cannot be re covered, and further opportunity should be provided, in case, the earlier order passed is incorrect, and same requires modification.