ORDER

Petitioner has filed this writ petition under Article 226 of the Constitution of India making a prayer to quash order dated 19.02.2024 (Annexure-P/3)

passed by respondent No.4.

2. It is submitted by learned counsel appearing for the petitioner that petitioner has retired from service on 30.09.2023. Recovery of excess payment has been ordered against petitioner by order dated 19.02.2024. Case of petitioner is covered by Clause-1 and 4 of the judgment passed in case of State of Punjab and Ors. Vs. Rafiq Masih (White Washer), reported in (2015) 4 SCC 334.

3. Heard the counsel for petitioner.

4. Paragraph-18 of the judgment passed in case of Rafiq Masih (supra)

is quoted as under:- 18. It is not possible to postulate all situations of hardship, which would govern employees on the issue o f recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law:

(i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D