WRIA/13389/2025 of AJAY KUMAR PANDEY Vs STATE OF U.P. THRU. ADDL. CHIEF SECY. MEDICAL AND HEALTH SERVICES LKO. AND 2 OTHERS on 20 November 2025

1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.

2. Petition has been filed challenging orders of recovery of Rs.2,94,332/- by means of impugned orders dated 06.03.2025 and 21.08.2025.

3. It is submitted that by means of impugned orders, pay fixation of petitioner has been re-determined and benefits already accorded in the year have been withdrawn with orders of recovery/adjustment from salary of the petitioner.

4. From material placed on record, it is evident that petitioner belongs to Class II category of employees and impugned orders have been passed withdrawing pay-scale which was made admissible to him long time ago. Ex facie, impugned orders have been passed merely on the basis of audit report(s) without providing any opportunity of hearing to petitioner.

5. It has been submitted by learned counsel for petitioner that the aforesaid aspect, pertaining to impugned orders, is squarely covered by judgment rendered by Hon'ble the Supreme Court in State of Punjab & others v. Rafiq Masih (White Washer) & others reported in (2015) 4 SCC 334.

6. Learned State Counsel has not been provided written instructions Versus Counsel for Petitioner(s) : Aditya Vikram Shahi, Aryak Wadhawan, Bhanu Pratap Singh, Gyan Sagar Gupta Counsel for Respondent(s) : C.S.C. Ajay Kumar Pandey .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Medical And Health Services Lko. And 2 Others .....Respondent(s)

in this matter but submits that impugned orders has been passed in view of fact that due to some error, excess payment has been made to petitioner.

7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that prior to passing of impugned orders, no opportunity of hearing was provided to petitioner nor is there any allegation that incorrect pay- fixation or excessive payments in lieu thereof were either at the behest of petitioner or upon fraud or misrepresentation perpetrated by him.

8. In view thereof, this Court finds the present dispute squarely covered by judgment in State of Punjab & others v. Rafiq Masih (supra), which is in the following terms:- "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 herein above, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law:

(i) Recovery from employees belonging to Class- III and Class-IV service (or Group 'C' and Group 'D' service).

(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.

(iii) Recovery from 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 WRIA No. 13389 of 2025

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."

9. Having regard to above, impugned orders dated 06.03.2025 and 21.08.2025 are hereby quashed by issuance of a writ in the nature Certiorari granting liberty to opposite parties to pass orders afresh with regard to pay-fixation but only after affording opportunity of hearing to petitioner and considering his reply.

10. Resultantly, petition succeeds and is allowed. Parties to bear their own costs. November 20, 2025 lakshman WRIA No. 13389 of 2025

(Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench