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september 2025

Allahabad High Court · 2025-09-22

WRIT - A No. 14297 of 2025 at Allahabad

Citation / case number
WRIT - A No. 14297 of 2025 at Allahabad
Court
Allahabad High Court
Petitioner
WRIT - A No. 14297 of 2025 at Allahabad
Respondent
Unknown
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Judgment text excerpt

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14297 of 2025 Nisar Ahmed .....Petitioner(s) Versus State Of U.P. And 6 Others .....Respondent(s) Counsel for Petitioner(s) : Nasir Hussain Counsel for Respondent(s) : C.S.C. 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 WRIA No. 14297 of 2025 2 that the recovery is being made against the petitioner on account of re-fixation of pay, which

WRIT - A No. 14297 of 2025 at Allahabad · Niyam