Neutral Citation No. - 2025:AHC-LKO:46042 Court No. - 8 Case :- WRIT - A No. - 8873 of 2025 Petitioner :- Athar Khan Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Ankit Mishra,Swati Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner 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 order dated 07.06.2025 whereby recovery has been directed from the pensionary benefits of petitioner amounting to Rs.10,19,455/-. 3. It has been submitted that petitioner, who was a Class-III employee, has superannuated from service on 30.11.2024 but by means of impugned order of recovery to the aforesaid extent has been made without affording any opportunity of hearing to petitioner nor indicating any calculation to substantiate that any excess salary was ever paid to the petitioner. It is submitted that impugned order does not indicate any complicity or misrepresentation on the part of petitioner 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 order has been passed in view of fact that due to some error, excess payment has been made to petitioner. 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 order dated 07.06.2025 that re-fixation of pay of petitioner 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 petitioner. 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 order dated 07.06.2025 is 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 petitioner and considering his 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. Recovery made from petitioner shall be refunded by the authority in light of State of Punjab & others v. Rafiq Masih (supra) within a period of six weeks from the date a certified copy of the order is served upon it. 8. Resultantly, the petition succeeds and is allowed. Order Date :- 7.8.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench