2025:UHC:8589 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1590/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. M.K. Ray, Advocate, for the petitioner. Mr. Narayan Dutt, Standing Counsel, for the State. (2) Petitioner retired from the post of Assistant Teacher from Government Primary School, Haldi, Rudrapur, District Udham Singh Nagar on 31.3.2022. In the Pension Payment Order, issued by Treasury Officer, Rudrapur, a sum of ₹3,08,385/- is shown as recoverable from the petitioner. Thus feeling aggrieved, petitioner has approached this Court. (3) Learned Counsel for the petitioner submits that in view of the law declared by Hon’ble Supreme Court in the case of State of Punjab v. Rafiq Masih, reported as (2015) 4 SCC 334, no recovery can be made from the petitioner post retirement. (4) Learned State Counsel, per contra, relies upon a judgment rendered by this Court in Writ Petition (S/S) No. 335 of 2023 for contending that if the employee concerned was responsible for getting excess payment or had given an undertaking while receiving the payment that he will refund the amount, if the amount is found to be not admissible, then recovery can be made. (5) Learned Counsel for the petitioner submits that petitioner has made representation to the District Education Officer (Basic) on 7.5.2024. He, however, seeks permission to make a fresh 2025:UHC:8589 representation. (6) Accordingly, writ petition is disposed of granting liberty to the petitioner to make fresh representation highlighting her grievance. If she makes representation within two weeks from today, decision thereupon shall be taken by the District Education Officer, Udham Singh Nagar, as per law, within eight weeks thereafter. (Manoj Kumar Tiwari, J.) 24.9.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab1 98d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6F CA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.09.25 10:15:43 +05'30' 2025:UHC:8589