Neutral Citation No. - 2025:AHC-LKO:40248 Court No. - 18 Case :- WRIT - A No. - 7155 of 2025 Petitioner :- Kalavati Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Finance Govt. Lko And 2 Others Counsel for Petitioner :- Ashish Mishra Atal 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 for recovery from pensionary benefits of petitioner with further prayer for a direction to concerned authority not to reduce the Basic Monthly Pension of petitioner from Rs.48,289/- to Rs.09,690/- P.M. 3. Learned State counsel has been provided written instruction dated 15.07.2025 with order dated 18.01.2025 which is taken on record and as per which the dispute pertains to incorrect excess payment of pension and not incorrect fixation of pay-scale and had already submitted her consent dated 14.09.2017 for recovery of excess payment. 4. It appears from the order dated 18.01.2025 that same has been passed without affording opportunity of hearing to petitioner whereby certain adjustment /recovery has been effected from the pensionary benefits while reducing basic pension as well. 5. In view of aforesaid facts and circumstances, order dated 18.01.2025 is hereby quashed by issuance of a writ in nature of certiorari granting liberty to opposite parties to pass orders afresh but only after affording opportunity of hearing to petitioner and considering her reply. Opposite party shall also keep in mind 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 since as per submission, petitioner superannuated from service on Class III post. 6. Final decision with regard to same shall be taken within a period of eight weeks from the date a certified copy of this order is served upon concerned authority. 7. In view of aforesaid, the writ petition is allowed. Parties to bear their own costs. 8. The aspect of refund shall also be considered by the authority concerned in accordance with law within the same time period. Order Date :- 15.7.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench