Neutral Citation No. - 2025:AHC:107064 Court No. - 5 Case :- WRIT - A No. - 4924 of 2025 Petitioner :- Ashish Kumar Mishra Respondent :- Managing Director And Chief Exective Officer Indian Bank Corporate Office Royapettah Chennai And 4 Others Counsel for Petitioner :- Bhagwan Dutt Pandey,Girish Pandey,Manoj Kumar Counsel for Respondent :- Pashupati Nath Tripathi,Akhilesh Kumar Dwivedi Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri B.D. Pandey, learned counsel for petitioner and Sri Anil Bhushan, learned Senior Advocate assisted by Sri Pashupati Nath Tripathi, learned counsel for respondents. 2. It is not disputed that due to wrong fixation of salary, petitioner was paid excess salary and when error was detected, re-fixation of salary was done and accordingly, reduced salary is now paid, however, said order is not under challenge in present writ petition. 3. Learned counsel for petitioner submits that petitioner is aggrieved that despite there is no default on behalf of petitioner, now respondents have passed orders for recovery of excess amount and for reference, he has placed reliance upon a judgment of Supreme Court in State of Punjab and others vs. Rafiq Masih (White Washer) and others, (2015) 4 SCC 334. 4. Learned counsel further submits that out of proposed recovery of about Rs. 9,00,000/-, Rs. 3,00,000/- have already been recovered. 5. Learned Senior Advocate for respondents submits that since admittedly, it is a case of wrong fixation of salary and excess amount was paid and petitioner is still in service and it being a recurring benefit, therefore, in present circumstances, judgment of Rafiq Masih (supra) would not apply. 6. I have considered above submissions and perused the records. 7. As referred above, admittedly petitioner was paid excess amount due to wrong fixation of salary and now it has been cured. In above circumstances, only question is whether without any allegation of misrepresentation, excess amount of Rs. 9,00,000/- could be recovered or not and for that Court also takes note of judgment of Rafiq Masih (supra). 8. It is also not disputed that Rs. 3,00,000/- have already been recovered, therefore, Court is of the view that in such circumstances, whether there is no fraud or misrepresentation, recovery ought to have been made except it is within very few years, however, still considering that now Rs. 3,00,000/- have already been recovered, therefore, this writ petition is disposed of with a direction that no further recovery would be made from petitioner in lieu of excess amount paid to him. 9. So far as adjustment of pension paid to petitioner being Ex-Serviceman is concerned, concerned respondents are at liberty to adjust the same in accordance with law. Order Date :- 8.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad