VIDHYA SAGAR VERMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Neeraj Sahu, learned counsel for the petitioner and the learned standing counsel for opposite parties. The case of the petitioner is that he was appointed on 17.10. 2006 as Gram Rozgar Sewak with Khand Vikas Adhikari, Sursa, Hardoi and he had continued to work till 31.8. 2008. Thereafter, he resigned from the service and his resignation was accepted by the Officer. Suddenly by way of impugned order dated 100.2. 2009, he has been asked to pay back amount of Rs.44968/- which he has received as honorarium during the period he has worked with the opposite parties. The impugned order has been passed on the ground that while he was working as Gram Rozgar Sewak with the opposite parties, he was continuing his studies elsewhere and this cannot be allowed, hence the amount paid to him as honorarium is recoverable. It is the case of the petitioner that he has worked to the entire satisfaction of the opposite parties and the fact that he has worked, is admitted in the impugned order, itself. The petitioner has not been served with any show-cause notice nor any explanation has been called ever while he was working. The petitioner submits that since he has discharged his duties under the full authority of the opposite parties, hence his work cannot be treated as 'begar', which would be hit by Article 23 of the Constitution of India. A person who has worked under the proper authority and appointment, and that too by the State, which is supposed to be a model employer, cannot treat the work of his any employee as 'begar' and so it would be incumbent upon the State to pay dues which accrues to the petitioner under the order of appointment. Learned standing counsel prays for and is granted four weeks time to file counter- affidavit. List immediately thereafter. Meanwhile implementation and operation of the orders as contained in annexures no. 1 ,2 and 3 shall remain stayed.