Neutral Citation No. - 2025:AHC:35515 Court No. - 5 Case :- WRIT - A No. - 2025 of 2025 Petitioner :- Shri Ashim Mukherjee (Retired) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Tiwari Counsel for Respondent :- C.S.C.,Manoj Kumar Singh Hon'ble Ajay Bhanot,J. Heard Shri Pranesh Kumar Mishra, learned counsel for the petitioner and Shri Arun Kumar, learned counsel for the respondent. The petitioner superannuated from service as a Class III employee on 31.08.2024. The recovery proceedings were taken out against the petitioner on account of excess payment made to him resulting from wrong fixation of salary. The action of the respondents is in the teeth of the law laid down by Supreme Court in State of Punjab vs. Rafiq Masih reported at 2015 (4) SCC 334. The impugned recovery order dated 03.03.2022 is liable to be quashed and is quashed. The writ petition is allowed. The respondents are directed to release the gratuity amount of the petitioner forthwith. It is clarified that the pension and other dues shall be paid in accordance with salary of the petitioner which was fixed by the department at the subsequent date. Order Date :- 11.3.2025/Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad