[2025:RJ-JP:29094] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9756/2025 Chand Karan Bansal S/o Ramdev Bansal, Aged About 63 Years, R/o C-445, Mahesh Nagar, Jaipur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Department Of P.W.D, Govt. Of Rajasthan, Secretariat, Jaipur 2. Chief Engineer, Public Works Department, Jaikab Road, Jaipur (Raj.) 3. Additional Chief Engineer, Public Works Department, Zone-II, Jaikab Road, Jaipur (Raj.). ----Respondents For Petitioner(s) : Mr. Sudhir Yadav For Respondent(s) : Mr. Dheeraj Tripathi, AGC with Mr. Abhishek Paliwal HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 31/07/2025 Under challenge is the order dated 16.06.2025 issued by the respondents whereby, recovery of Rs.55,380/- has been raised alleging wrong payment of arrears of encashment of privilege leave. Learned counsel for the petitioner submits that he retired as Superintending Engineer on 30.06.2023 and in view of the judgments of the Hon’ble Supreme Court of India in the cases of State of Punjab and Ors Vs. Rafiq Masih (White Washer) and Ors.: (2015) 4 SCC 334 and Jogeswar Sahoo and Ors. Vs. The District Judge, Cuttack and Ors.: Civil Appeal [2025:RJ-JP:29094] (2 of 2) [CW-9756/2025] No.4989/2025, no recovery is permissible from a retired Government employee on account that excess payment was made erroneously. He submits that there is no allegation that the excess payment came to be made on account of fraud or misrepresentation on his part. He, therefore, prays that the writ petition be allowed and the order dated 16.06.2025 be quashed and set aside. Although, learned counsel for the respondents opposed the prayer; but, could not dispute that the order impugned dated 16.06.2025 is not sustainable in the eye of law in view of the precedential law laid down by the Hon’ble Supreme Court of India in the cases of State of Punjab and Ors. (supra) and Jogeswar Sahoo and Ors. (supra). In view of candid admission by the learned counsel for the respondents, nothing survives for consideration of this Court in the instant matter and the writ petition deserves to be allowed. Accordingly, the writ petition is allowed and the order dated 16.06.2025 is quashed and set aside. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J YOGESH/299-S