Neutral Citation No. - 2025:AHC-LKO:47961 Court No. - 8 Case :- WRIT - A No. - 7124 of 2025 Petitioner :- Ale Noor Khan Respondent :- State Of U.P. Thru. Prin. Secy. Ayush Anubhag -I Lko. And 2 Others Counsel for Petitioner :- Mohammad Tauseef Siddiqui,Shiv Pratap 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. On 07.07.2025, the following order had been passed:- "1. Heard learned counsel for petitioner and learned State Counsel for the opposite parties. 2. Petition has been filed challenging orders dated 28.04.25 and 05.06.2025 whereby recovery has been initiated against petitioner on account wrong fixation of pay-scale in year 2008. 3. It has been submitted that impugned order has been passed without affording any opportunity of hearing to petitioner and on account of recovery for fixation of pay-scale which was done in year 2008. He submits that petitioner's case is 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. 4. Prima facie, submissions advanced by learned counsel for petitioner appear to have force and require consideration for which learned State Counsel is granted time to obtain instructions or file counter affidavit. 5. List this case on 11.07.2025, as fresh. 6. Till next date of listing, it is directed that no recovery or adjustment shall be effected from salary and post-retiral benefits in pursuance of impugned order." 3. Despite time having been granted, counter affidavit is not forthcoming. 4. It has been reiterated by learned counsel for petitioner that benefits already accorded to him have been withdrawn without affording any opportunity of hearing and it is not the case of opposite parties that alleged incorrect fixation of pay scale in the year 2008 was at the behest of petitioner by making any misrepresentation or indulging in fraud. 5. Hon'ble Supreme Court in the case of State of Punjab versus Rafiq Masih (White Washer), 2015 4 SCC 334 has held as follows:- "18. It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law: (i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service). (ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery. (iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued. (iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post. (v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover." 6. Since petitioner admittedly is a Class-III employee of the Government, recovery from his salary could not have been effected. 7. In view thereof, the impugned orders dated 28.04.2025 and 05.06.2025 are hereby quashed by issuance of a writ in the nature of certiorari granting liberty to opposite parties to pass orders afresh with regard to pay fixation but after affording opportunity of hearing to petitioner and considering his reply. 8. Opposite parties are also directed to refund the amount deducted from petitioner's salary on account of incorrect fixation, within a period of two months from the date a certified copy of the this order is served upon the concerned authority. The same time limit shall be available to opposite parties for passing fresh orders. Consideration of re-fixation of petitioner's pay scale shall be done in terms of Government Order dated 16.01.2007 9. Resultantly the petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost. Order Date :- 14.8.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench