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february 2025

Allahabad High Court · 2025-02-04

WRIT - A No. 11348 of 2023 at Allahabad

Citation / case number
WRIT - A No. 11348 of 2023 at Allahabad
Court
Allahabad High Court
Petitioner
WRIT - A No. 11348 of 2023 at Allahabad
Respondent
Unknown
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Judgment text excerpt

Neutral Citation No. - 2025:AHC:15641 Court No. - 6 Case :- WRIT - A No. - 11348 of 2023 Petitioner :- Smt. Anita Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Madhaw Pandey,Shailesh Kumar Counsel for Respondent :- C.S.C Hon'ble Neeraj Tiwari,J. 1. Heard Mr. Madhaw Pandey, learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The present petition has been filed stating that the husband of petitioner has died on 25.11.2022. 3. Counter and rejoinder affidavits have been exchanged. With the consent of learned counsel for the parties, writ petition is being decided at the admission stage itself. 4. It is stated that after death, certain dues amounting 15,05,971/- have been deducted/ recovered from the terminal dues due to incorrect fixation. He pointed out that for incorrect fixation of pay scale, husband of petitioner was not responsible, therefore, order of recovery is in teeth of judgment of Apex Court in the case of State of Punjab and others Vs. Rafiq Masih (White Washer); (2015) 4 SCC 334. 4. Learned Standing Counsel argues that the recovery certificate has been issued on account of wrong fixation of salary, but could no

WRIT - A No. 11348 of 2023 at Allahabad · Niyam