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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
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 misrepresentation on part of petitioner in the alleged excess payment of salary. He has relied upon 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 .
4. Learned State Counsel has not been provided written instructions in this matter but submits that impugned orders have been passed in view of fact that due to some error, excess pay
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....
Recovery of excess salary from employees in Class-III service is impermissible if no fraud occurred and payment was based on wrong fixation, aligning with principles of equity.
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