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2005 Supreme(All) 88

SUNIL AMBWANI
Duryodhan Lal Jatav – Appellant
Versus
State of U. P. – Respondent


Advocates:
Chotey Lal, RAKESH PRASAD,

SUNIL AMBWANI, J.

( 1 ) HEARD learned Counsel for the petitioner and learned Standing Counsel. With the consent of the parties, this writ petition is disposed of at the admission stage.

( 2 ) BY this writ petition, the petitioner has prayed for quashing the orders, dated 12. 10. 2004 and 10. 12. 2004, passed by the Superintendent of Police (Adhisthan), Abhisuchana Mukhyalay, lucknow by which a sum of Rs. 89,410/- is sought to be recovered from the petitioner towards the erroneous grant of promotional pay scale as Sub-Inspector (Ministerial ). By an order, dated 21st July, 2000, passed by the Superintendent of Police (Regional), Vigilance, Agra, the petitioner, serving as z. O. Staff, Agra, was promoted as Sub-Inspector (Ministerial), with effect from 14. 8. 1995. This order was passed after reviewing the earlier decision made for promotion. By order, dated 7th August, 2004, it was found that the petitioner was not entitled for promotion with effect from 14. 8. 1995 and that, in fact, the petitioner was entitled for promotion from June, 2001. Consequently, by the same order, it was directed that the promotional pay paid to the petitioner in excess due to erroneous promotion, may be







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