Neutral Citation No. - 2025:AHC:72997 Court No. - 4 Case :- WRIT - A No. - 4099 of 2025 Petitioner :- Chandra Mauli Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Archana Singh,Bramh Narayan Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Bramh Narayan Singh, learned counsel for the petitioner and Gaurav Singh, learned Standing Counsel for the State respondents. Sri Santosh Kumar Mishra, presently holding the post of Superintendent of Police, Kushinagar, is also present before the Court in person along with an affidavit of compliance and also an application seeking exemption from personal appearance. In the affidavit of compliance, averments have come to be made in paragraph 11 regarding the dues that were paid to the petitioner like leave encashment, GPF and 90% of the gratuity amount before filing this petition and remaining 10% gratuity amount and commutation of pension have also been paid during pendency of this petition. However, on account of some discrepancies being detected in the pay fixation of the petitioner, re-fixation was ordered in the matter and petitioner was, therefore, issued with a notice as to why the excess amount paid to the petitioner, may not be adjusted against the commutation of pension amount which was Rs.4,27,959/-, however respondents having realized that the said amount was not recoverable from the petitioner in the light of the judgment of Supreme Court in the case of State of Punjab and others v. Rafiq Masih (White Washer) (2015) 4 SCC 334, the said amount has also been directed to be released in favour of the petitioner under the order of officer present in Court passed on 4th May, 2025. In view of the above, now the entire amount due to be paid to the petitioner upon his retirement has come to be paid. Learned counsel for the petitioner does not dispute these facts as stated above as have come to be averred in the affidavit of compliance. In view of the above, the explanation offered in the personal affidavit are taken to be sufficient and the personal appearance of the petitioner in the matter deserves to be granted. Accordingly, exemption application is allowed. Notices issued to the officer concerned stands discharged. Since now the entire dues have come to be paid to the petitioner, the petition has rendered infructuous and is, accordingly, consigned to records. Order Date :- 6.5.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad