WRIT - A No. 3757 of 2025 at Allahabad

Neutral Citation No. - 2025:AHC:43636 Court No. - 4 Case :- WRIT - A No. - 3757 of 2025 Petitioner :- Maqbool Hasan Khan And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Som Pal Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. By means of this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus to command the respondents to consider his claim for refund of money illegally recovered from his gratuity. Petitioner has relied upon two authorities of this Court being Writ A No. 5532 of 2023 (Javed Ahmad Vs. State of U.P. through Addl. Chief Secretary (Home) Lucknow and three others) and Writ A No. 11586 of 2023 (Abul Kalam and another Vs. State of U.P. and three others) decided on 16.8.2023 and 18.9.2023 respectively. 2. It further transpires that petitioner did not make any misrepresentation before the authority for getting pay fixation and so he is not responsible in any manner for such excess payment. Thus, it is claimed that petitioner is neither guilty of suppressio veri, nor of suggestio falsi and is covered by the judgment of Supreme Court in the case of State of Punjab Vs. Rafiq M