2026:UHC:3536 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PSS 1 3 7 0 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Himanshu Pal, Advocate, for the petitioners. Ms. Mamta Bisht, Deputy AG, for the State. Mr. Rajesh Sharma, Central Govt. Standing Counsel, for the respondent no. 4. (2) Petitioners were Group D employees in Police Department. Petitioner no. 1 retired from the post of Office Attendant on 30.6.2023, while petitioner no. 2 retired from the post of Barber on 31.10.2023. Petitioners are aggrieved by order of recovery, passed against them on 13.12.2023 and 20.2.2024 respectively. (3) It is contended that since petitioners retired from Group D post, therefore, in view of law laid down by Hon’ble Supreme Court in the case of State of Punjab v. Rafiq Masih, reported as (2015) 4 SCC 334, no recovery can be made from them. It is further contended that recovery orders were passed against the petitioners after their retirement, that too without affording any opportunity of hearing. Learned Counsel for the petitioners also relies upon a judgment rendered by this Court in Writ Petition (S/ S) No. 335 of 2023. (4) Learned State Counsel submits that petitioners’ pay was fixed at higher level, due to which some excess payment was made to them, which has been recovered pursuant to impugned orders. Learned State Counsel, however, fairly 2026:UHC:3536 concedes that sim ilar issue has been dealt with by this Court in Writ Petition (S/ S) No. 335 of 2023 and she has no objection if writ petition is decided in terms of the judgment rendered in that writ petition. (5) Accordingly, writ petition is decided in term s of the judgment rendered in Writ Petition (S/ S) No. 335 of 2023. Competent authority shall examine whether the case of petitioners is covered by any of the two contingencies mentioned in para 14 of judgment dated 18.9.2025, rendered by this Court in Writ Petition (S/ S) No. 335 of 2023, and if it is found that petitioners’ case does not fall under either of the two contingencies, then all their retiral dues, including the amount recovered, shall be released in their favour within six weeks from the date of presentation of certified copy of this order. ( Man oj Kum ar Tiw ar i, J.) 8 .5 .2 0 2 6 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3ae ab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052 DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.05.08 14:14:45 +05'30' 2026:UHC:3536