Neutral Citation No. - 2025:AHC-LKO:46018 Court No. - 8 Case :- WRIT - A No. - 8722 of 2025 Petitioner :- Sajjad Husain And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And 4 Others Counsel for Petitioner :- Mohd. Mansoor,Mohammad Danish,Mohd Siddiq Alam Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard Mr. Mohd. Mansoor, learned counsel for petitioners and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed challenging orders dated 06.12.2024 & 11.09.2024 as well as letters dated 23.12.2024 and 30.01.2025 whereby recovery from salary of petitioners has been directed to be effected on ground that excess payment of salary was made to petitioners from July, 2007 till July, 2024. 3. Learned counsel for petitioners submits that petitioners are currently employed as Class III employees and by means of impugned order, recovery has been effected without affording them any opportunity of hearing, for benefits which petitioners have been drawing for the past seventeen years. It is submitted that impugned orders do not indicate any complicity or misrepresentation on part of petitioners in the alleged excess payment of salary. He has relied upon 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. Learned State Counsel has not been provided written instructions in this matter but submits that impugned orders have been passed in view of fact that due to some error, excess payment has been made to petitioners. 5. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident from a perusal of impugned orders that re-fixation of pay of petitioners with effect from July, 2007 has been effected along with directions for recovery but it is also evident that prior to passing of impugned order, no opportunity of hearing has been provided to petitioners. 6. Hon'ble the Supreme Court in State of Punjab & others v. Rafiq Masih(supra) has clearly enunciated that recovery cannot be effected from salary of Class III and Class IV employees particularly when there is no allegation of any fraud or misrepresentation on part of the employee. 7. In view of aforesaid facts and circumstances, impugned orders dated 06.12.2024 & 11.09.2024 as well as letters dated 23.12.2024 and 30.01.2025 are hereby quashed by issuance of a writ in the nature of Certiorari granting liberty to authority concerned to pass orders afresh regarding pay-fixation but only after affording opportunity of hearing to petitioners and considering their reply. Aforesaid exercise shall keep in mind directions issued by Hon'ble the Supreme Court in State of Punjab & others v. Rafiq Masih(supra). Such a decision shall be taken within a period of eight weeks. Refund of recovery made from petitioners' salary shall also be made by the authority by the same order in light of State of Punjab & others v. Rafiq Masih(supra) within six weeks from the date of receipt of a certified copy of this order. 8. Resultantly, the petition succeeds and is allowed. Order Date :- 7.8.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench