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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
MANISH MATHUR
Sohan Lal – Appellant
Versus
State Of U.P., Thru. Addl. Chief Secy. Home, (Police) Anubhag - 2, Lko. – Respondent
| Table of Content |
|---|
| 1. petition challenges pay-fixation orders. (Para 1 , 2) |
| 2. petitioner argues lack of opportunity for hearing. (Para 3 , 4) |
| 3. court notes failure to provide hearing before pay re-fixation. (Para 5 , 6) |
| 4. supreme court sets guideline against recovery without fraud. (Para 7 , 8 , 9) |
| 5. previous rulings establish limits on recovery actions. (Para 10 , 11) |
| 6. orders quashed; recovery must be refunded. (Para 12 , 13) |
JUDGMENT :
MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.
2. Petition has been filed challenging order dated 29.09.2025 and 30.10.2025 whereby pay-fixation of petitioner has been redetermined with orders of recovery also being issued on allegation that benefit of first A.C.P. granted to petitioner on 28.06.2013 was incorrectly granted.
3. It has been submitted that impugned orders have been passed after superannuation of petitioner from service on 31.07.2025 and by means of impugned order, recovery has been effected without affording him any opportunity of hearing, for benefits which petitioner has been drawing for the past twelve years. It is submitted that impugned order does not indicate any complicity or
Recovery of excess salary cannot be enforced without prior hearing, especially when no fraud or misrepresentation by the employee is established.
Recovery of excess payments from retired employees is impermissible without adherence to natural justice, especially when payments were made for an extended period without notice.
Recoveries from retired employees based on erroneous salary payments are impermissible, emphasizing equitable treatment and judicial discretion in enforcing employee rights.
The main legal point established in the judgment is that the recovery of an amount from a retired employee, in the absence of misrepresentation or fraud, and due to a misconception leading to the exc....
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