Allahabad High Court High Court

Krishna Kant And Others vs State Of U.P. And Others on 1 July, 2010

Allahabad High Court
Krishna Kant And Others vs State Of U.P. And Others on 1 July, 2010
Court No. - 33

Case :- WRIT - A No. - 35961 of 2010

Petitioner :- Krishna Kant And Others
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Diwakar Mishra
Respondent Counsel :- C.S.C.

Hon'ble Pankaj Mithal,J.

Heard learned counsel for the petitioners.

It appears that due to some clerical inadvertence wrong order was
transcribed in this petition on 21.6.2010. It is submitted that the
Court had heard the matter on merits, whereupon the interim order
was passed in favour of the petitioner.

I have gone through the record of the writ petition and is satisfied
that the order dated 21.6.2010 transcribed in this petition relates to
some other petition and as such the same is hereby recalled.

I have heard Sri Diwakar Mishra, learned counsel for the
petitioners on merits of the petition again.

The contention of the petitioners is that the fixation of pay was
done and of the financial benefit to the petitioners were paid but
now the grade has been redused, whereupon recovery of the
amount already paid has been issued. The petitioners were not in
any way responsible for the fixation of the aforesaid pay.

Learned Standing Counsel prays for and is allowed a months time
to file counter affidavit. Two weeks time is granted to the
petitioners to file rejoinder affidavit.

List the petition after expiry of the aforesaid period.

Till the next date of listing no recovery from the petitioners shall
be made in pursuance to the impugned order dated 7.5.2010.

Order Date :- 1.7.2010
SR