JUDGMENT

Jyoti Singh, J. (Oral)

1. Present writ petition has been filed by the Petitioner seeking the following reliefs:

"(a) to issue order in the nature of Mandamus to the Respondents to refund the amount of Rupees 20,964/- the illegal and impermissible recovery from the pension/Gratuity of retired class IV/III employee, recovered on the plea of excess payment of pension after revision of pay under 7th pay Commission Recommendation where:

Hon'ble Supreme Court of India in the matter of State of Punjab and other Vs Rafiq Masih and others, (2015 (4) SCC 334) Ruled.

"That the recovery is impermissible of any short, even if payment is made by mistake or wrongly to Class IV or Class III employee who is due for retirement within one year or retired from service" (2015 (4) SCC 334)

And

(b) Hon'ble High Court of Delhi may issue direction in the nature of mandamus to Respondents for issuing Revised and amended P.P.O. (pension payment order) No. 483 of Durga Charan Murmu, to the petitioner effecting the revision of pension under up gradation of scale under order of dated 06-10-2016 and 7th pay commission Recommendation."

2. Facts to the extent necessary and as averred in the writ petition are