HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12629 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 27.04.2021 whereby petitioner's increment granted in the year 2014 has been declared irregular and re-fixation of pay-scale of petitoner has been effected while direction for recovery has also been issued. 3. Learned counsel for petitioner submits that petitioner is currently employed as Deputy Superintendent of Police and by means of impugned order, recovery has been effected without affording him any opportunity of hearing, for benefits which petitioner has been drawing for the past forty years. It is submitted that impugned order 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 on the basis of instructions 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 for the Versus Counsel for Petitioner(s) : Mohd. Kumail Haider Counsel for Respondent(s) : C.S.C. Shabih Haider .....Petitioner(s) State Of U.P. Through Principal Secretary, Home Deptt. Lucknow And 4 Others .....Respondent(s) parties and perusal of material on record, it is evident from a perusal of impugned order dated 27.04.2021 that re-fixation of pay of petitioner with effect from April, 2014 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. In view of aforesaid facts and circumstances, impugned order dated 27.04.2021 is 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 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 six weeks. 7. Resultantly, the petition succeeds and is allowed. October 28, 2025 Subodh/- WRIA No. 12629 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench