HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14297 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondents. 2. Petitioner by means of the present writ petition assailed the order dated 01.07.2021 by which an amount of Rs.4,04,584/- has been sought to be recovered from him. 3. Petitioner was Junior Engineer and has retired on 31.12.2020. The aforesaid amount is sought to be recovered on account of excess payment made to the petitioner on account of wrong fixation of pay of petitioner. 4. It is contended by learned counsel for the petitioner that the impugned order is not sustainable as the Apex Court in the case of State of Punjab and Others Vs. Rafiq Masih (White Washer) 2015 (4) SCC 334 has held that no recovery can be made from a class-III employee after his retirement. He submits that it is evident from the impugned order Versus Counsel for Petitioner(s) : Nasir Hussain Counsel for Respondent(s) : C.S.C. Nisar Ahmed .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) that the recovery is being made against the petitioner on account of re-fixation of pay, which is not permissible in law in view of the judgment of the Apex Court in the case of Rafiq Masih (supra). 5. Learned Standing Counsel contended that as the excess payment has been made to the petitioner due to wrong fixation of pay which is evident from the impugned order, therefore, the recovery is likely being effected. 6. Be that as it may, the Apex Court in the case of Rafiq Masih (supra) has held that no recovery can be made against a Class III employee for the excess payment made to him during the service period. As the law on the point is well settled, therefore, the order impugned is not sustainable in light of the law laid down by the Apex Court in the case of Rafiq Masih (supra). 7. The impugned order dated 01.07.2021 is quashed and writ petition is allowed. If the aforesaid amount has been recovered from the retiral dues of the petitioner, that shall be reimbursed to the petitioner forthwith preferably within a period of two months from the date of production of certified copy of this order. 8. Liberty is granted to the respondent State to file recall application if, the petitioner has concealed WRIA No. 14297 of 2025 2 any peculiar fact in obtaining the aforesaid order. September 22, 2025 Deepika WRIA No. 14297 of 2025 3 (Ajit Kumar,J.) Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad