SHIV SWAROOP TRIVEDI Vs. STATE OF U P
LAWS(ALL)-2013-2-184
HIGH COURT OF ALLAHABAD (FROM: LUCKNOW)
Decided on February 20,2013

Shiv Swaroop Trivedi Appellant
VERSUS
STATE OF U P Respondents


Referred Judgements :-

FAIRMOUNT INVESTMENT LTD. V. SECY. TO STATE FOR ENVIRONMENT [REFERRED TO]
B. N.SINGH V. STATE OF U.P. [REFERRED TO]
BINDESHWARI SAHAI SRIVASTAVA V. CHIEF ENGINEER IRRIGATION DEPARTMENT LUCKNOW LNIND [REFERRED TO]
CHANDI PRASAD UNIYAL V. STATE OF UTTARAKHAND [REFERRED TO]
HARISH CHANDRA SRIVASTAVA V. STATE OF UTTAR PRADESH LNIND [REFERRED TO]
SAHIB RAM V. STATE OF HARYANA [REFERRED TO]
BOARD OF HIGH SCHOOL AND INTERMEDIATE EDUCATION V. CHITRA SRIVASTAVA [REFERRED TO]
A K KRAIPAK VS. UNION OF INDIA [REFERRED TO]
THOMAS ABRAHAM VS. NATIONAL TYRE AND RUBBER CO KOTTAYAM [REFERRED TO]
MOHINDER SINGH GILL VS. CHIEF ELECTION COMMISSIONER NEW DELHI [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED TO]
T SHEPHARD VS. UNION OF INDIA [REFERRED TO]
MAHABIR KISHORE VS. STATE OF MADHYA PRADESH [REFERRED TO]
SHYAM BABU VERMA VS. UNION OF INDIA [REFERRED TO]
BHAGWAN SHUKLA S O SARABJIT SHUKLA VS. UNION OF INDIA [REFERRED TO]
SUDINA PRASAD VS. STATE OF BIHAR [REFERRED TO]
COL RETD B J AKKARA VS. GOVT OF INDIA [REFERRED TO]
SYED ABDUL QADIR VS. STATE OF BIHAR [REFERRED TO]
AWADH NATH TRIPATHI VS. CHIEF DEVELOPMENT OFFICER [REFERRED TO]
SHIV PRAKASH RICHARIYA VS. STATE OF U P [REFERRED TO]


JUDGEMENT

- (1.)Heard Shri Vashu Deo Mishra, learned counsel for the petitioner, Shri Abhinav Narain Trivedi, learned Addl. Chief Standing Counsel and perused the record.
(2.)Shiv Swaroop Trivedi/petitioner was appointed on 12.11.1968 on the post of Junior Clerk in the department of Gramya Vikas, State of U.P. and was posted at Unnao. While he was working in the department a new pay scale was given to him as per the Government Order dated 11.8.1983 vide G.O. No.Ve.Aa.-1-1802-Dus-34-(M)-83. After completing 40 years of successfully services, petitioner retired on 28.2.2009 from service after attaining the age of superannuation from the post of Assistant Accountant.
(3.)While he was enjoining retiral life, the impugned order dated 28.8.2009 (Annexure No.1) was passed by the opposite party no.4/District Development Officer, Hardoi thereby directing to recover the amount along with interest as mentioned therein as the same had been paid to him in excess as he was not entitled for promotional scale given to him in view of the Government Order dated 11.8.1983.


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