Neutral Citation No. - 2025:AHC-LKO:41506 Court No. - 18 Case :- WRIT - A No. - 7849 of 2025 Petitioner :- Ashok Singh Respondent :- State Of U.P. Thru. Prin. Secy. Irregtion And Water Resources Deptt. Lko. And Another Counsel for Petitioner :- Bhagwati Prasad Nigam,Anurag Shukla Counsel for Respondent :- C.S.C.,Jogendra Nath Verma Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner, learned State Counsel appearing on behalf of the opposite party nos.1 and 3 and Sri Jogendra Nath Verma, learned counsel for opposite party no.3. 2. Present petition under Article 226 of Constitution of India has been filed challenging the recovery order dated 26.04.2025, office order dated 03.01.2025 and the order dated 14.05.2025 whereby the petitioner's pay scale has been refixed after superannuation along with recovery being directed. Further prayer for direction to opposite parties for refund of deducted amount with interest has also been sought. 3. It has been submitted that earlier the petitioner had been granted benefits of higher pay scale vide order dated 08.05.2019 which allegedly were found to be erroneously granted to petitioner leading to passing of impugned order. It is submitted that petitioner was a class III employee and retired from the post of Seench Parvekshak on 31.05.2025. It is submitted that prior to passing of the impugned orders, no opportunity of hearing has been provided to petitioner and recovery even otherwise is against judgment enunciated by Hon'ble Supreme Court in the case of State of Punjab and others vs. Rafiq Masih (White Washer) & others reported in (2015) 4 SCC 334. 4. Learned counsel for opposite parties have refuted submissions advanced by learned counsel for petitioner with the submission that impugned order has been passed clearly indicating the fact that the petitioner was granted higher pay scale to which he was not entitled and therefore remedial action has been taken. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident from the impugned orders that they have been passed without affording any opportunity of hearing to petitioner. The orders also do not indicate any complicity, misrepresentation or fraud at the behest of petitioner due to which aforesaid benefit was granted in the year 2019. The aspect of applicability of Rafiq Masih (supra) therefore is clearly made out. 6. In view thereof, the impugned orders dated 26.04.2025, 03.01.2025 and the order dated 14.05.2025 are hereby quashed by issuance of writ in the nature of certiorari granting liberty to opposite parties to pass order afresh with regard to re-fixation of pay scale of petitioner but only after affording opportunity of hearing and considering his reply. The aspect of refund of petitioner's benefit shall also be considered by the authority concerned by the same order in light of judgment rendered in the case of Rafiq Masih (supra). The decision with regard to same shall be taken by the opposite parties within a period of eight weeks from the date a certified copy of this order is served upon him. The benefits to which the petitioner is entitled shall thereafter be released in his favour within a period of four weeks from passing of the order. 7. The petition stands disposed of. Order Date :- 21.7.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench