HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14325 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 order dated 10.07.2025 as well as letters 03.07.2025 and 14.02.2024 whereby pay scale of petitioner has been re-determined and recovery/adjustment from salary of the petitioner has been effected. Further prayer for a direction to authority concerned for refund of the amount deducted has also been made. 3. It has been submitted that petitioner is currently employed as a Class III employee and service benefits and pay scale granted to petitioner w.e.f. 01.01.1996 have now been incorrectly given due to which impugned orders have been passed seeking re-determination of such benefits after almost 30 years. It is submitted that impugned order dated 10.07.2025 does 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 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 Versus Counsel for Petitioner(s) : Mohammad Tauseef Siddiqui, Jahan Singh Yadav, Shiv Pratap Singh Counsel for Respondent(s) : C.S.C. Zaheer Ahmad Khan (Zaheer Ahmad) .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Ayush Anubhag -I Lko. And 2 Others .....Respondent(s) for the parties and perusal of material on record, it is evident from a perusal of impugned order dated 10.07.2025 that re-fixation of pay of petitioner with effect from 01.01.1996 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. Considering aforesaid pronouncement, it is evident that the impugned order is clearly against the dictum enunciated by Hon'ble the Supreme Court in the aforesaid judgments. In view thereof, the impugned order dated 10.07.2025 and letters dated 03.07.2025 & 14.02.2024 are hereby quashed by issuance of 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. 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 at the admission stage itself. December 15, 2025 lakshman WRIA No. 14325 of 2025 2 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench