Neutral Citation No. - 2025:AHC-LKO:46511 Court No. - 8 Case :- WRIT - A No. - 7188 of 2025 Petitioner :- Brij Kishore Pandey 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 as well as 18.08.2023 whereby the pay scale alongwith last pay drawn has been re-fixed resulting in recovery being effected from pensionary benefits of petitioner. 3. Despite time having been granted twice, no counter affidavit has been filed by opposite parties till date. 4. From a perusal of impugned orders themselves, it is evident that recovery has been effected from pensionary benefits of petitioner allegedly on account of incorrect fixation of pay. Ex facie, it is evident that impugned orders have been passed without issuing any show cause notice or affording any opportunity of hearing to petitioner. 5. It is also admitted that petitioner belongs to the Class-III category of employees and his case, therefore, in such a situation would be covered by judgment rendered by Hon'ble Supreme Court in the case of State of Punjab versus Rafiq Masih (White Washer), 2015 4 SCC 334. 6. In view of aforesaid facts and circumstances, impugned orders dated 18.08.2023 and 05.05.2025 are hereby quashed by issuance of a writ in the nature of certiorari granting liberty to opposite parties to pass orders afresh pertaining to admissible pay scale of petitioner but only after affording opportunity of hearing to him and considering his reply. 7. In view of the fact that petitioner is a Class-III employee, opposite parties are directed to refund the amount deducted from pensionary benefits of petitioner within a period of six weeks from the date a certified copy of this order is served upon the concerned authority. 8. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost. Order Date :- 8.8.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench