Neutral Citation No. - 2025:AHC-LKO:3088 Court No. - 6 Case :- WRIT - A No. - 6247 of 2023 Petitioner :- Shri Chandra Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Panchayati Raj Lko And 4 Others Counsel for Petitioner :- Nagendra Bahadur Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Shri Priyanshu Somvanshi, Advocate holding brief of Shri Nagendra Bahadur Singh, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record. 2. The present petition has been filed challenging the order dated 26.8.2019, whereby the salary of the petitioner was revised w.e.f. 2008 whereby directions were passed for recovery of the amount of Rs. 4,08,335/- allegedly paid in excess on account of fixation of salary as well as the order dated 26.9.2019 whereby the orders for recovery were issued. 3. It is informed that an amount of Rs.4,08,335/- has already been adjusted from the gratuity payable to the petitioner in pursuance to the orders impugned. 4. Considering the fact that law with regard to the recovery after retirement is well-settled by the Hon'ble Supreme Court passed in the case of State of Punjab and Others Vs. Rafiq Masih (White Washer) and Others reported in 2015 (4) SCC 344. The action of the respondent in re-fixing the salary of the petitioner and recovering the amount paid allegedly in excess is clearly contrary to the law laid down in the case of Rafiq Masih (supra). Accordingly, the impugned order dated 26.08.2019 and recovery order dated 26.9.2019 are set aside, the amount deducted from the gratuity of the petitioner shall be paid to the petitioner along with interest at the rate of 7% per annum from the date when the amount was adjusted till actual payment/realisation. 5. In respect of claim of the petitioner that the last pay drawn has been withheld, the respondents would be at liberty to pass fresh order after giving opportunity of hearing to the petitioner within a period of three months from the date the petitioner approaches the respondent with the certified copy of this order. 6. The writ petition is, accordingly, disposed off.. (Alok Mathur, J.) Order Date :- 17.1.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench