Neutral Citation No. - 2025:AHC-LKO:41235 Court No. - 18 Case :- WRIT - A No. - 6573 of 2025 Petitioner :- Vinod Kumar Tripathi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 05.05.2025 directing recovery from pensionary benefits of petitioner. 3. It is submitted that impugned order does not indicate any reasoning whatsoever for initiating recovery proceedings from pensionary benefits of petitioner. 4. In pursuance of directions issued earlier, learned State counsel has been provided written instructions dated 04.07.2025 and as per which, deduction/ recovery has been sought to be made on account of incorrect fixation of pay-scale with effect from 01.01.2006. 5. From a perusal of impugned order, it is thus quite evident that same has been passed and deduction/adjustment has been made from post retiral benefits of petitioner without affording opportunity of hearing to him to explain the alleged incorrect fixation of pay. The instructions also do not indicate any complicity of petitioner in the alleged incorrect fixation of pay-scale. The aspect of whether petitioner's case being a Class III employee being covered by judgment rendered by Hon'ble the Supreme Court in State of Punjab & others v. Rafiq Masih (White Washer) & others reported in (2015) 4 SCC 334 would also be required to be considered. 6. In view of aforesaid facts and circumstances, the impugned order dated 05.05.2025 is hereby quashed by issuance of a writ in nature of certiorari granting liberty to competent authority to pass orders afresh but only after affording opportunity of hearing to petitioner and considering judgment rendered in the case of Rafiq Masih (supra). The payment of withheld amounts to the petitioner would be subject to final order so passed which the authority shall pass within a period of six weeks from the date a certified copy of this order is produced before authority concerned, in the light of Rafiq Masih (supra) 7. Consequently, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. Order Date :- 18.7.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench