Neutral Citation No. - 2025:AHC:40133 Court No. - 7 Case :- WRIT - A No. - 55684 of 2010 Petitioner :- Surendra Mani Upadhyay Respondent :- State of U.P. and Others Counsel for Petitioner :- Namit Srivastava,Parul Srivastava,Sundeep Shukla,U.N. Sharma Counsel for Respondent :- C. S. C. Hon'ble Vikram D. Chauhan,J. 1. Heard Sri Namit Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. It is submitted by learned counsel for the petitioner that the petitioner was working on the post of Principal in the Government Girls Polytechnic, Gorakhpur. The petitioner retired on 31.12.2005. However, his service was extended upto 30.6.2006 on account of session benefit. By the impugned order dated 8.6.2010, the recovery of the excess salary has been made. 3. It is further submitted that the recovery of the excess salary has been incorrectly made and if there is any miscalculation and excess salary is paid, then in view of the law laid down in State of Punjab and others Vs. Rafiq Masih (White Washer) and others, 2015 (4) SCC 334 and Thomas Daniel Vs. State of Kerala and others, AIR 2022 SC 2153, recovery of excess amount cannot be made from the petitioner as the petitioner was not the disbursing authority. 4. Learned Standing Counsel has not disputed the aforesaid propositions of law. 5. In view of the aforesaid, the impugned order dated 8.6.2010 passed by respondent no.3 is hereby set aside. The writ petition is allowed. Order Date :- 19.3.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad