Neutral Citation No. - 2025:AHC-LKO:28061 Court No. - 18 Case :- WRIT - A No. - 5250 of 2025 Petitioner :- Kashi Nath Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And 2 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned standing counsel for the State-respondents. By this petition, the petitioner has prayed for issuance of a writ of Certiorari seeking quashing of the impugned order dated 23.04.2025 by which he has been directed to submit a reply as to why a sum of Rs.7,28,439/- may not be recovered from his retiral dues. Submission of learned counsel for the petitioner is that the petitioner has retired as a Class-III employee and in view of the judgment of Hon'ble Apex Court in State of Punjab & others vs. Rafiq Masih reported in [2014(4) SCC 334], no recovery from the retiral dues can be made. Sri Yogendra Verma, learned standing counsel has opposed the contention and has submitted that Annexue No.1 is not the order of recovery rather it is only a show cause notice. The petitioner has submitted reply to the show cause notice. The order is yet to be passed and therefore, the petition is liable to be dismissed as it is premature. Considering the fact that the Annexure No.1 was issued on 23.04.2025 but reply has been given by the petitioner as alleged in the petition on 05.05.2025 which is on record and till date no decision has been taken accordingly, in the interest of justice and with the consent of parties, the petition is disposed of with a direction to respondent No.3 i.e. Superintendent of Police, District Kushinagar to take a decision in the case of the petitioner in view of the averments made in the representation so also in this petition within a period of four weeks from the date of receipt of a certified copy of this order. It is made clear that till the decision is taken, no recovery from the post retiral dues of the petitioner shall be made. Order Date :- 14.5.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench