Court No.

- 6

Case :- WRIT - A No. - 27989 of 2017

Petitioner :- Smt. Asha Kumari Singh

Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Ajal Krishna,Deepti Srivastava
Counsel for Respondent :- C.S.C.

Hon'ble Mrs. Sunita Agarwal,J.

Heard learned counsel for the petitioner and learned Additional

Chief Standing Counsel for the respondents.

The petitioner is seeking quashing of the order dated 14.6.2017,

21.6.2017 and 24.6.2017 whereby certain recovery is sought to be
made from him on the ground that the fixation of pay scale with
effect from 1.12.2008 on completion of 26 years was wrongly done.
The petitioner is still in service.

Learned counsel for the petitioner has relied upon a judgment of the
Supreme Court in the case of State of Punjab and Others Vs.
Rafiq Masih (White Washer) and Others reported in (2015) 4
SCC 334.

The operative portion of the judgment reads as under:-

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

(ii) Recovery from retired employees, or employees who are due to retire within
one year, of the order of recovery.

(iii) Recovery from employees, when the excess payment has been made for a
period in excess of five years, before the order of recovery is issued.

(iv) Recovery in cases where an employee has wrongfully been required to

discharge duties of a higher post, and has been paid accordingly, even though
he should have rightfully been required to work against an inferior post.

(v) In any other case, where the Court arrives at the conclusion, that recovery if
made from the employee, would be iniquitous or harsh or arbitrary to such an
extent, as would far outweigh the equitable balance of the employer's right to
recover."

The matter requires consideration.

Respondents may file counter affidavit within four weeks.

Till the next date of listing, it is directed that no recovery shall be

made from the petitioner in pursuance of the re-fixation of salary.

Order Date :- 29.6.2017

Jyotsana