HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 4628 of 2026 Court No. - 34 HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Shri Manoj Kumar Mishra, learned counsel for the petitioner and Shri Vishal Singh, learned standing counsel for the State respondents. 2. The instant petition has been filed challenging the order dated 29.12.2025 whereby an amount of Rs. 2,11,147/- has been recovered from the the retiral dues of the petitioner after his retirement being the excess amount paid to the petitioner due to wrong fixation of pay scale. 3. Learned counsel for the petitioner relying upon the judgment of State of Punjab versus Rafiq Masih, (2015) 4 SCC 334, submits that the since the petitioner was a class III employee and was not responsible for wrong fixation of pay scale during his service period and he has never submitted any undertaking at the time of fixation of pay scale. Therefore, recovery of excess amount paid to the petitioner due to wrong fixation of pay scale cannot be recovered from the petitioner on his retirement or after his retirement. In such view of the matter the impugned order so far as it relates to recovery of Rs. 2,11,147/- be quashed and the respondents be directed to pay the aforesaid amount to the petitioner. 4. In Rafiq Masih (supra) the apex court has observed in paragraph 18 as under para "18. It is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to hereinabove, we may, as Versus Counsel for Petitioner(s) : Manoj Kumar Mishra Counsel for Respondent(s) : C.S.C. Babu Ram .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law: (i) Recovery from the employees belonging to Class III and Class IV service (or Group C and Group D service). (ii) Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery. (iii) Recovery from the employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued. (iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post. (v) In any other case, where the court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover." 5. In view of the aforesaid, since the petitioner is a class III employee and was not responsible for wrong fixation of pay scale and has never submitted any undertaking in such circumstances any amount paid in excess to the petitioner due to such wrong fixation of pay scale on the part of the respondents cannot be recovered from the petitioner after his retirement. 6. In such view of the matter the instant petition is allowed the order dated 29.12.2025 so far as it relates to recovery of an amount of Rs. 2,11,147/- is concerned is hereby quashed. The respondents are directed to pay the aforesaid amount of Rs. 2,11,147 with interest at the rate of 6% per annum to the petitioner within a period of four weeks from the date of receipt of the certified copy of this order. May 6, 2026 o.k. WRIA No. 4628 of 2026 2 (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad