- (1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner with the following prayer:- (I) Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 03.01.2019 and 09.05.2019 passed by the respondent nos. 1 and 2. (II) Issue a writ, order or direction in the nature of mandamus restraining the respondents from recovering the amount as mentioned in the impugned orders dated 03.01.2019 and 09.05.2019 passed by the respondent nos. 1 and 2. (III) Issue a writ, order or direction in the nature of writs, as this Hon'ble Court may deem fit and proper to meet ends of justice. (IV) Award the cost of this writ petition to the petitioner.
(2.) Learned counsel for the petitioner submits that the petitioner was initially appointed on the post of Assistant Soil Conservation Inspector in Agriculture Department of the State Government under the order dated 26.11.1982, in the pay scale of Rs.400-615 and joined his post on 09.12.1982, since then he was performing his duties and never been subjected to any disciplinary proceedings or was awarded any punishment by the department. By virtue of sincere and devoted duties, the petitioner was promoted from time to time and was promoted on the post of Senior Technical Assistant Group-B and in pursuance thereof, he joined on the said promoted post on 30.03.2016 in the office of District Plant Protection Officer, Gonda and thereafter, he was transferred to District Sant Kabir Nagar on 01.09.2017.
(3.) Learned counsel for the petitioner further submits that the petitioner was holding Class-III post in the Agriculture Department and his salary was voluntarily fixed by the competent Departmental-Authorities from time to time, in which the petitioner had no role. Learned counsel for the petitioner further submits that the petitioner is now been retired from service on 31.12.2019 just before the retirement the petitioner was served with orders dated 03.01.2019 and 09.05.2019 by the respondent nos.1 and 2 by which they have directed to recover an amount of Rs.4,75,011/- from the salary of the petitioner on account of alleged wrong fixation of salary and paid in lieu thereof, w.e.f. 02.06.2007 to December, 2018.;