Neutral Citation No. - 2025:AHC-LKO:21090 Court No. - 3 Case :- WRIT - A No. - 3619 of 2025 Petitioner :- Abha Rani Respondent :- State Of U.P. Thru. Addl. Chief Secy. Cooperative Deptt. Lko. And Another Counsel for Petitioner :- Shobhit Singh,Ajai Kumar Singh Counsel for Respondent :- C.S.C.,Alok Sharma,Prashant Singh Atal Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the petitioner, Shri Vivek Shukla, learned Additional Chief Standing Counsel for the State- respondents and Sri Alok Sharma, learned counsel for the opposite party No.2. 2. In this writ petition, the under challenge is the order dated 25.04.2024 issued by the Managing Director, U.P. Rajkiya Nirman Sahkari Sangh, Lucknow, opposite party No.2, apprising a recovery to the tune of Rs.4,91,050/- from the post retiral dues of the husband of the petitioner on the allegation that on account of lapse on the part of the husband of the petitioner one employee, namely, Ashwani Kumar Goswami (since deceased) has been paid the aforesaid excess amount. 3. Notably, the husband of the petitioner died on 29.04.2021 on account of Covid-19 (Corona) and the aforesaid amount has been proposed to be realized from the post retiral dues. In the aforesaid order, it has not been indicated as to whether any explanation or show cause notice has been called from the husband of the petitioner when he was in service. The perusal of the impugned order reveals that no such opportunity has been given to the husband of the petitioner. The post retiral dues of late Ashwani Kumar Goswami was paid in the year 2019, to be more precise on 24.06.2019, when the husband of the petitioner was very much in service. Therefore, if the husband of the petitioner was not given any show cause notice to the effect that on account of his lapse, if any, the excess payment has been given to late Ashowani Kumar Goswami, the aforesaid amount may not be recovered from the present petitioner, who is the wife (widow) of late employee. 4. Per contra, Shri Alok Sharma, tried to defend the impugned order dated 25.04.2025 by submitting that the husband of the petitioner was serving on the post of Assistant Engineer and on account of his correspondence the excess payment was given to late Ashwani Kumar Goswami, therefore, the same may be recovered from the post retiral dues of the husband of the petitioner. 5. On being put a specific query as to whether any show cause notice has been given to the husband of the petitioner, Shri Sharma has stated that though recital to this effect has not been given in the impugned order, but the explanation might have been called to him when he was in service. 6. Having heard learned counsel for the parties and having perused the material available on record, since the impugned order is absolutely silent on the point of opportunity of hearing to the husband of the petitioner when he was in service in respect of excess amount being paid to late Ashwani Kumar Goswami and the impugned order is bereft of specific reason as to how the excess amount being paid to one late Ashwani Kumar Goswami on any correspondence of the husband of the petitioner, therefore, the impugned order dated 25.04.2024 is erroneous on the face of it as the same is violative of principles of natural justice. 7. Accordingly, this writ petition is allowed only on the aforesaid ground. The impugned order dated 25.04.2024 is hereby set aside/ quashed. The opposite parties are directed to pay the retiral dues to the petitioner within a period of two months from the date of receipt of a certified copy of this order. 8. No order as to cost. . [Rajesh Singh Chauhan,J.] Order Date :- 15.4.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench