HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14891 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. On the oral request of the learned counsel for the writ petitioner, he is permitted to correct the array of the parties, in so far as third respondent is concerned. 2. Heard Sri Aishwarya Pratap Shahi, learned counsel for the writ petitioner and Sri Gaurav Singh, learned Standing Counsel for the State. 3. The case of the writ petitioner is that he was appointed as Junior Engineer (Civil) on 30.04.1984 and his services stood regularized on 14.02.1990. Thereafter he was assigned confirmation and is pay was determined on 14.05.2010 and post objections, the same came to be determined on 29.12.2010. It is also the case of the writ petitioner that he superannuated on 31.07.2019. However, on 15.10.2019, an order came to be passed by Addl. Director (Treasury and Pension), Bareilly Mandal, Bareilly addressed to the Executive Engineer, Public Works Department, Bareilly, wherein certain objections were sought to be recited with regard to the fact that the writ petitioner was assigned promotional pay-scale of Rs.6600/- and increments wrongly and further he was not entitled to benefits of the same prior to 14.10.1990. Thereafter on 04.11.2019, an order of recovery was passed by the Executive Engineer, P.W.D, Bareilly for an amount of Rs.3,06,575/- and further according to the writ petitioner, despite representations/ objections, the same was not decided and a final D.P.O. came to be issued on 28.06.2025, whereby the total amount, which the writ petitioner was made admissible to was Rs.19,51,472/-, however, in the note, an amount of Rs.3,06,575/- was sought to be deducted. 4. Questioning the same, present writ petition has been preferred. Versus Counsel for Petitioner(s) : Aishwarya Pratap Shahi, Nipun Singh Counsel for Respondent(s) : C.S.C. Rakshpal Singh Rana .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 5. Learned counsel for the writ petitioner has sought to argue that the said recovery cannot be effectuated post-retirement of the writ petitioner, particularly in view of the Government Order dated 16.01.2007 and he seeks to rely upon certain judgments that once there was no misrepresentation, fraud or concealment, then there was not open for the respondents to have recovered. He further submits that there is no departmental proceedings also pending against the writ petitioner. 6. Learned Standing Counsel on the other hand submits that first of all the two orders dated 15.10.2019 and 04.11.2019 had been sought to be challenged in the year 2025 by means of the present writ petition and in order to create a cause of action, the D.P.O. has been challenged. He submits that it is for the writ petitioner to press the representation/objections as obviously a conscious decision is to be taken by Executive Engineer, Construction Division-2, P.W.D. Bareilly. 7. To such a submission, learned counsel for the writ petitioner has no objection and he gracefully accepts the same. 8. Considering the submissions so made across the Bar, and after perusing the record, the Court is of the opinion that a conscious decision is to be taken in black and white according reasons, so as to enable the writ petitioner to question the said grounds. Since the writ petitioner has already approached the respondents against the orders passed on 15.10.2019 and 04.11.2019 and the D.P.O. is dependent upon the said orders, thus, the writ petition stands disposed of directing the writ petitioner to prefer a comprehensive representation along with self attested copy of the writ petition and the certified copy of the order by 31.10.2025 before Respondent no.3, who shall decide the claim of the writ petitioner after putting to notice the writ petitioner and in case, any inputs are required from the writ petitioner, then the writ petitioner should be apprised giving a reasonable time and thereafter therefrom within three months an order shall be passed. 9. Till the passing of the fresh orders, no coercive actions shall be taken against the writ petitioner. October 13, 2025 N.S.Rathour WRIA No. 14891 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad