Neutral Citation No. - 2025:AHC:27602 Court No. - 7 Case :- WRIT - A No. - 2526 of 2025 Petitioner :- Prathvi Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Nitin Sharma,Sarvind Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard Shri Nitin Sharma, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the record. 2. Petitioner has preferred the present writ petition inter alia with the following prayer:- "(a) Issue a writ order or direction in the nature of certiorari to quash the order dated 17.12.2024, issued by respondent no.3 (Annexure No.1 to the writ petition) and pension payment order dated 14.06.2024, (Annexure no.3 to the writ petition) as far as withholding/recovery of Rs.2,04,600/- from the gratuity amount payable to the petitioner is concerned; and (b) Issue a writ order or direction in the nature mandamus commanding the respondents to reimburse Rs.2,04,600/- illegalydeducted from the post retiral dues of the petitioner along with penal interest on the same." 3. The order dated 17.12.2024 passed by the respondent no.3, namely, Chief Medical Officer, Moradabad is under challenge. By the aforesaid order, the recovery is sought against the petitioner for excess payment paid to the petitioner while revision of pay in the year 2011. 4. It is argued by learned counsel for the petitioner is that no point of time no concealment or misrepresentation has been done by the petitioner. It is further argued that the order of recovery has been passed by the respondent no.3 without providing any notice or opportunity to the petitioner. It is further argued that in view of the law laid down by Hon'ble Apex Court in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) and others reported in (2015) 4 SCC 332, the recovery is bad in the eyes of law. It is argued that as per para 12(1) of the aforesaid judgment, recovery from employees belonging to Class-III and Class-IV Service would be impermissible in law. It is argued that that at no point of time, no fraud was ever made by the petitioner. 5. From the perusal of the record, it is clear that the impugned order dated 17.12.2024 passed by the respondent no.3 is per se illegal and in violation of principles of natural justice as well as the law laid down by the Hon'ble Apex Court in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) (supra). 6. In this view of the matter, this Court is of the opinion that impugned order dated 17.12.2024 passed by the respondent no.3 namely Chief Medical Officer, Moradabad is not in accordance with law and is hereby quashed. The present petition deserves to be allowed and is hereby allowed. The payment of salary and other emoluments for the aforesaid period should be paid to the petitioner within a period of six weeks from today. 7. It is made clear that this order will not be restrained the respondents to pass a fresh order, if so advised. Order Date :- 27.2.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad