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R.S. SHARMA versus STATE OF U.P.

High Court of Judicature at Allahabad

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R.S. Sharma v. State Of U.P. - WRIT - A No. 7581 of 1989 [2007] RD-AH 2989 (22 February 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. V.M. SAHAI,J.

HON. SHISHIR KUMAR, J.

Sri Neeraj Tiwari counsel for the petitioners states that he is not pressing the relief claimed in the writ petition for quashing the reversion orders dated 20.3.1989 and 23.3.1989 passed against the petitioners. He claims that pension of the petitioners be fixed treating the reversion orders to be correct on the pay scale liable to be paid to them as per the reversion order. He further states that under the interim order the salary which has been paid to them, cannot be recovered in view of the Full Bench decision of this Court rendered in the case of Surya Dev Mishra vs. State of U.P. and others reported in 2006 (1) UPLBEC 399.

In view of the aforesaid Full Bench decision, in our opinion, the salary paid to the petitioners under the interim order, cannot be recovered. However, since the petitioners are not pressing the writ petition, the effect would be that the reversion orders would stand. The respondents are directed to fix the salary of the petitioners accepting the reversion orders passed against them to be correct and thereafter fix their pension and release the pension within 4 months from the date, a certified copy of this order is produced before respondent no.2.

With the aforesaid directions the writ petition is finally disposed of.

22.2.2007

V.Sri/-

W.P. No.7581 of 1989


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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