Neutral Citation No. - 2025:AHC:68441-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 657 of 2024 Appellant :- State Of Up And 6 Others Respondent :- Kamal Narain Tripathi Counsel for Appellant :- C.S.C.,S.C. Counsel for Respondent :- Ram Chandra Srivastava,Rajesh Kumar Srivastava Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. Learned Single Judge allowed the writ petition filed by the respondent/petitioner and has set aside the order dated 17.10.2011 whereby pensionary benefits already extended to the writ petitioner were directed to be withdrawn. This order was passed on the ground that services of the writ petitioner on the pensionable post had not been regularized and, therefore, such benefit could not have been extended to him. Learned Single Judge has returned a finding that, there was no fraud or misrepresentation on part of the writ petitioner and, therefore, benefits already extended to him by the State ought not to be withdrawn. Undisputed facts as appear on record are that the respondent/petitioner was appointed as Cooperative Supervisor in U.P. Cooperative Union in the year 1978. He was admittedly regularised on such post. The writ petitioner thereafter was promoted to the post of Cooperative Inspector on 6.12.1993. The initial promotion was for a period of 89 days. The writ petitioner was, however, allowed to continue as Cooperative Inspector till he attained the age of superannuation. The working of the respondent as Cooperative Inspector was for nearly 17 years. Since the post of Cooperative Inspector was a pensionable post, the department itself treated the writ petitioner to be entitle to retiral benefit and such amount was paid. It was only later that the respondents realised that such payment could not have been made as the services of writ petitioner had not been regularised. As a result, the order impugned was passed directing recovery to be made from the respondent/petitioner. So far as the judgment of learned Single Judge setting aside the recovery proceedings are concerned, we do not find any occasion to interfere with it, inasmuch as undisputedly no fraud or misrepresentation has been attributed to the writ petitioner which led to such retiral benefits be paid to him. He was otherwise a class-3 employee. The principles laid down in the case of State of Punjab and others vs. Rafiq Masih (white washer) and others (2015 (4) SCC 334) which has consistently been followed is shown to be applicable in the facts of the present case. In such circumstances, the interference made by learned Single Judge insofar as recovery of retiral benefits paid to the writ petitioner is concerned warrants no interference. The only other ground pressed by learned State Counsel is that the entitlement of writ petitioner to receive future pension etc. has not been adjudicated and the writ petition has been allowed without returning any finding on the aspect of the entitlement. We have perused the order of the authority which was challenged in writ proceedings by the respondent. In this order also there is no consideration as to whether the services of the respondent/petitioner was liable to be regularised on account of his continuous working for 17 years or not. Since there is no consideration of cause by the State in this regard, as such, learned Single Judge apparently was not called upon to adjudicate such issues. Nevertheless, we are of the view that State must be given the right to examine the aspect of the entitlement of respondent/petitioner to receive future pension in accordance with law or not. Since the respondent is already aged about 76 years, we direct the Joint Registrar, Cooperative Societies, U.P., Allahabad Region, Allahabad to examine such aspect of the matter and pass appropriate orders within a period of two months from the date of presentation of a copy of this order. Based upon such determination, further entitlement to receive pension etc. would be accorded consideration without unnecessary loss of time. Order Date :- 30.4.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad