HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 27700 of 2018 Court No. - 33 HON'BLE DONADI RAMESH, J. 1. Heard learned counsel for the parties. 2. The present petition has been filed by the petitioner challenging the order dated 22.08.2017 passed by the 2nd respondent. Further prayer has been made for direction upon the respondent to refund the recover amount, retiral benefit and gratuity and fix the pension of the petitioner as pay scale Rs. 53600/-. 3. A similar issue came up for consideration before this Court and the same was decided by the judgment dated 29.05.2017 in Writ Petition Service Single No.9395 of 2017 (Rajendra Prasad Singh vs. State of U.P. and others). 4. Admittedly, facts are not in dispute but learned counsel for the petitioner has mainly relied on the ratio laid down by Hon'ble Apex Court in the case of State of Punjab and others Vs. Rafiq Masih and others (2015) 2 SCC (L & S) 33, as the 2nd respondent did not consider any factual aspect while passing the impugned order. 5. In view of the categorical judgment on a similar issue raised, the impugned order dated 22.08.2017 cannot be sustained and is quashed. The respondents shall recompute the pension of the petitioner treating the last pay drawn by the petitioner as an ad-hoc Principal. While doing so, the respondents shall be guided by the judgment dated 29.05.2017 in the case of Rajendra Prasad Singh (supra) as also the ratio laid down by Hon'ble Apex Court in the case of State of Punjab and others Vs. Rafiq Masih Versus Counsel for Petitioner(s) : Atul Kumar, Pramod Kumar Yadav, Sanjeev Kumar Khare Counsel for Respondent(s) : C.S.C. Om Prakash .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) and others (2015) 2 SCC (L & S) 33. The fresh order, as directed above, shall be passed within a period of two months. The respondents shall also take into consideration the fact that the predecessor of the petitioner was being granted the benefit whereas the same has been denied to the petitioner. The respondents are also directed to refund the excess amount, if any, recovered from the petitioner. 6. Accordingly, the writ petition stands disposed of. October 9, 2025 Noman WRIA No. 27700 of 2018 2 (Donadi Ramesh,J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad