- (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) By means of the present writ petition, the petitioner has prayed for quashing the impugned recovery order dated 26.11.2014 (annexure No. 9) passed by respondent No. 4 for recovery of Rs. 27130/- from the salary of the petitioner and further directing the respondents not to deduct any amount from the salary of the petitioner.
(3.) In the present matter, the petitioner was appointed as Junior Assistant in the office of Superintending Engineer, Tubewell Circle Gorakhpur by the order dated 14.11.2005 on compassionate ground.Thereafter, the petitioner was promoted as Senior Assistant on 29.12.2012 and his salary was fixed according to Government Order salary fixation No. 2-1318/10-59M/2008 dated 08.12.2008. By the another letter dated 11.02.2014, the Finance Controller informed respondent No. 4 about the salary fixation of promoted Senior Assistant as Rs. 8560/- and grade salary will be Rs. 2800/-. The respondent No. 1 issued letter dated 09.09.2009 and directed the revised pay scale and salary fixation according to directive issued by Finance Committee. The petitioner is getting salary according to the Government Order dated 08.12.2008 No. salary-fixation-2-1318/10-59M/2008 issued by the Principal Secretary, Finance. On the 30.09.2014, the respondent No. 2 issued a letter to respondent No. 4 regarding test checking of wrong fixation of salary and recovery from twenty Government servants who had been paid extra salary. In pursuance to the test checking conducted by the respondent No. 2, a show cause notice was issued to the petitioner by the respondent No. 4 on 15.10.2014. Thereafter the petitioner has submitted his reply to respondent No. 4 clarifying the details of salary fixation by the letter dated 10.11.2014. The respondent No. 4 vide order dated 26.11.2014 had issued recovery for Rs. 27,130/- from the petitioner.;