2025:UHC:9136 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1630/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. M.K. Ray, Advocate for the petitioner. 2. Mr. Narayan Dutt, Standing Counsel for the State/respondents. 3. Petitioner is serving as Headmaster in Government Primary School, Maharajpur, Block Rudrapur, District Udham Singh Nagar. Petitioner apprehends that certain amount is going to be recovered from his salary and other monetary dues. 4. Learned counsel for the petitioner submits that an entry to this effect has been made in the service book of the petitioner, however, copy of service book has not been enclosed with the writ petition. 5. Learned State Counsel submits that if any amount, in excess of what was due to petitioner, has been paid, then the department is entitled to recover that excess amount. He relies upon a judgment rendered by this Court in WPSS No. 335 of 2023, where it was held that excess amount paid to an employee would be recoverable (i) when the employee concerned is in any manner responsible for such excess payment, e.g. by playing fraud or by adopting other deceitful means; and (ii) where an employee has given an undertaking before grant of such monetary benefit to the effect that in 2025:UHC:9136 case the amount paid to him is found to be not admissible or in excess of what is due to him then he shall refund such amount/excess amount. Learned State Counsel further submits that since no recovery order has been passed against petitioner as yet, therefore, the writ petition is premature. 6. Learned counsel for the petitioner submits that petitioner has made a representation on 05.09.2024, which is on record as Annexure-11 to the writ petition, therefore, the competent authority be directed to take decision on the representation. 7. Learned State Counsel submits that he has no objection, if the competent authority is directed to take decision in the matter. 8. The writ petition is, accordingly, disposed of with direction to the District Education Officer (Elementary), Udham Singh Nagar to consider petitioner’s representation and pass appropriate order, as per law, within four months from the date of production of certified copy of this order. It is made clear that this Court has not expressed any opinion on the re-fixation of pay of the petitioner and the competent authority shall be at liberty to re-fix the pay of the petitioner at the appropriate stage, as per applicable policy/rules. (Manoj Kumar Tiwari, J.) 14.10.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4 e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D0 95C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.10.14 18:01:30 +05'30'