Neutral Citation No. - 2025:AHC:30331 Court No. - 5 Case :- WRIT - A No. - 10770 of 2021 Petitioner :- Nand Lal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jamil Ahamad Azmi,Mohd Umar Farooq Counsel for Respondent :- Abhishek Krishna,C.S.C.,Govind Krishna Hon'ble Ajay Bhanot,J. Heard Sri Jamil Ahamad Azmi, learned counsel for the petitioner and Sri Abhishek Krishna, learned counsel for the respondents. Petitioner has worked as driver in the respondent Nagar Palika Parishad, Azamgarh. As per the service records the date of his superannuation was 31.12.2017. However, he was permitted to continue in service by the respondent corporation till 31.12.2018. The continuance of the petitioner for additional period of one year was not on account of any fraud or misrepresentation on his part. Admittedly the petitioner has discharged his duties for the aforesaid period. By means of the impugned order dated 03.03.2021 the amount of salary paid for the additional period of work is sought to be recovered. The recovery is in teeth of the law laid down by the Supreme Court in State of Punjab vs. Rafiq Masih reported at 2015 (4) SCC 334. The impugned order dated 03.03.2021 passed by respondent no. 3 Additional Director (Pension) is hereby quashed. The respondents are directed to forthwith release all the amounts of the petitioner which have been withheld alongwith interest of six percent. The writ petition is allowed. Order Date :- 4.3.2025 Pravin Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad