Neutral Citation No. - 2025:AHC-LKO:46330 Court No. - 8 Case :- WRIT - A No. - 8938 of 2025 Petitioner :- Kamlesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Labour Deptt. Lko. And 6 Others Counsel for Petitioner :- Brijesh Kumar Singh,Sanjay Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for the opposite parties. 2. Petition has been filed challenging order dated 16.06.2025 whereby recovery has been directed to be effected from salary of petitioner on allegation that he was earlier incorrectly granted enhanced pay-scale in year 2006. 3. It has been submitted by learned counsel for petitioner that impugned order has been passed after almost seventeen years from the date such benefit was granted to petitioner and that too without affording any opportunity of hearing to him. It is submitted that petitioner being a Class-III employee, no such recovery can be effected in view of 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, particularly since there is no allegation levelled against petitioner that such benefit was made available to him on account of any fraud or misrepresentation on his part. 4. Learned State counsel has refuted submissions advanced by learned counsel for petitioner with the submission that since excess payment of salary was made to petitioner, it was required to be deducted so as not to cause any loss to the State Exchequer. 5. Upon consideration submissions advanced by learned counsel for parties and perusal of material on record, it is evident that prior to re-fixation of pay-scale of petitioner pertaining to benefits already being enjoyed by for the past 19 years, no show cause notice or opportunity of hearing has been provided to petitioner prior to passing of impugned order. The petitioner also belonging to Class IV would be covered by judgment rendered by Hon'ble the Supreme Court in the case of Rafiq Masih (supra). 6. In such circumstances, impugned order dated 16.06.2025 is hereby quashed by issuance of a writ in the nature of certiorari granting liberty to opposite parties to pass fresh orders regarding pay fixation of petitioner but only after affording opportunity of hearing to him and considering his reply. The amount already deducted shall be refunded to petitioner in the light of judgment rendered by Hon'ble the Supreme Court in the case of Rafiq Masih (supra). 7. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. Order Date :- 8.8.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench