HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13299 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed challenging orders dated 24.07.2025 and 21.08.2025, whereby pay-scale of the petitioner has been re- determined while in service and recovery/adjustment from salary has also been directed. 3. Learned counsel for petitioner submits that petitioner is currently employed as a Class III employee and by means of impugned orders, recovery has been effected without affording her any opportunity of hearing for benefits which petitioner has been drawing since 2017. It is submitted that impugned orders do not indicate any complicity or misrepresentation on 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 orders have 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 orders that re-fixation of pay of petitioner with Versus Counsel for Petitioner(s) : Neeraj Srivastava Counsel for Respondent(s) : C.S.C. Nav Nidhi Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Lko. And 3 Others .....Respondent(s) effect from 01.07.2017 has been effected along with directions for recovery but it is also evident that prior to passing of impugned orders, 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 orders dated 24.07.2025 and 21.08.2025 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 petitioner and considering her 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. The aspect of refund of recovery made from petitioner's salary shall also be considered by the authority by the same order in light of State of Punjab & others v. Rafiq Masih(supra) . 8. Resultantly, the petition succeeds and is allowed. . November 20, 2025 lakshman WRIA No. 13299 of 2025 2 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench