V.K. Shukla, J. - (1.) IN the present case petitioner is questioning the valid ity of the decision dated 28th July, 2001 taken by Medical Officer INcharge, Employees State INsurance Dispensary, Naini-I, Allahabad informing the pe titioner that fixation of his salary w.e.f. 18th July, 1981 has been wrongly made, and for the same Audit Department has made different fixation, and as per same the excess amount has been paid, and the same is liable to be recov ered.
(2.) CONTENTION of petitioner is that he had no role to play in the matter of fixation of salary, and as such after 20 years such a direction could not be issued for recovery of said amount. Counter-affidavit has been filed and therein entire emphasis is on the fact that fixation of petitioner's salary has wrongly been made, and petitioner was not all entitled for the said pay scale. Rejoinder affidavit has been filed, and therein the statement of fact mentioned in the counter- affidavit has been disputed, and that of writ petition has been reiterated.
(3.) THE issue which has been sought to be raised in the writ petition has already been answered by this Court in Civil Misc. Writ Petition No. 3376, "Mohd. Moosa v. State of U.P. and others", wherein this Court has taken the view that in the matter of fixation of salary and allowances in case there is no fraud or misrepresentation on the part of the employee concerned in the matter of fixation that amount paid in case, on account of wrong fixation cannot be re covered, and further opportunity should be provided, in case, the earlier order passed is incorrect, and same requires modification. The case in hand is squarely covered by the Principal laid down in the aforementioned case of "Mohd. Moosa v. State of U.P. and others." As here also fixation has been done in the year 1981. Different objections have been raised after 20 years, and no opportunity has been provided to the petitioner, as such in this background the order passed cannot be sustained.;