Madan Ji Shukla Pno. 842462859 vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 2 Others

Neutral Citation No. - 2025:AHC-LKO:46597

Court No. - 8

Case :- WRIT - A No. - 11575 of 2024 Petitioner :- Madan Ji Shukla Pno. 842462859 Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 2 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C. WITH

¶4

Case :- WRIT - A No. - 5899 of 2022

¶5

Petitioner :- Mahesh Singh Respondent :- State Of Up Through Additional Chief Secretary Home Department Lko And Ors. Counsel for Petitioner :- Ram Charitra Pandey Counsel for Respondent :- C.S.C. Case :- WRIT - A No. - 4682 of 2023

¶6

Petitioner :- Avadh Bihari Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Govt. Of U.P. Civil Sectt. Lko. And 3 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C. Case :- WRIT - A No. - 4794 of 2024

¶7

Petitioner :- Pratima Sachan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home, Lucknow And Others Counsel for Petitioner :- Farooq Ayoob,Mansi Gupta Counsel for Respondent :- C.S.C. Case :- WRIT - A No. - 5958 of 2024

¶8

Petitioner :- Rajesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Prashant Shukla,Priya Pandey Counsel for Respondent :- C.S.C.

¶9

Case :- WRIT - A No. - 6009 of 2024

¶10

Petitioner :- Newanu Sharma Respondent :- State Of U.P Thru. Addl. Chief Secy., Home, Lko. And 3 Others Counsel for Petitioner :- Sanjay Kumar Rao

¶11

Counsel for Respondent :- C.S.C.

¶12

Case :- WRIT - A No. - 6606 of 2024

¶13

Petitioner :- Sayeed Ahmad And 9 Others Respondent :- State Of U.P. Thru. Its Secy. Home Lko And 2 Others Counsel for Petitioner :- Pankaj Pandey Counsel for Respondent :- C.S.C.

¶14

Case :- WRIT - A No. - 9665 of 2024

¶15

Petitioner :- Prem Prakash (Pno No. 870900774) Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others

¶16

Counsel for Petitioner :- Anurag Tripathi,Anand Mani Tripathi Counsel for Respondent :- C.S.C.

¶17

Case :- WRIT - A No. - 11006 of 2024

¶18

Petitioner :- Ibrar Ahmad

¶19

Respondent :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And 2 Others

¶20

Counsel for Petitioner :- Pankaj Pandey Counsel for Respondent :- C.S.C.

¶21

Case :- WRIT - A No. - 11291 of 2024

¶22

Petitioner :- Anil Kumar Singh

¶23

Respondent :- State Pf U.P. Thru. Prin. Secy. Home Affairs U.P. Lko. And 2 Others

¶24

Counsel for Petitioner :- Deepak Singh,Manish Kumar Srivastava Counsel for Respondent :- C.S.C.

¶25

Case :- WRIT - A No. - 11301 of 2024

¶26

Petitioner :- Balwant Singh

¶27

Respondent :- State Of U.P. Thru. Prin. Secy. Home Affairs Govt. Lko And 2 Others

¶28

Counsel for Petitioner :- Deepak Singh,Manish Kumar Srivastava Counsel for Respondent :- C.S.C.

¶29

Case :- WRIT - A No. - 11310 of 2024

¶30

Petitioner :- Fajaley Haque Usmani

¶31

Respondent :- State Of U.P. Thru. Prin. Secy. Home Affairs Govt. Lko. And 2 Others

¶32

Counsel for Petitioner :- Deepak Singh,Manish Kumar Srivastava Counsel for Respondent :- C.S.C.

¶33

Case :- WRIT - A No. - 11312 of 2024

¶34

Petitioner :- Jainath Pandit Respondent :- State Of U.P. Thru. Prin. Secy. Home Affairs Lko And 2 Others

¶35

Counsel for Petitioner :- Deepak Singh,Manish Kumar Srivastava Counsel for Respondent :- C.S.C.

¶36

Case :- WRIT - A No. - 12367 of 2024

¶37

Petitioner :- Ramkishor Prasad Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 2 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C.

¶38

Case :- WRIT - A No. - 12733 of 2024

¶39

Petitioner :- Mahesh Kumar Tiwari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And 2 Others Counsel for Petitioner :- Ajit Singh Counsel for Respondent :- C.S.C.

¶40

Case :- WRIT - A No. - 12752 of 2024

¶41

Petitioner :- Vijai Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Alok Kumar Shukla Counsel for Respondent :- C.S.C.

¶42

Case :- WRIT - A No. - 473 of 2025

¶43

Petitioner :- Mohd. Naushad Khan Pno 952701156 And 11 Others Respondent :- State Of U.P. Thru. Its Secy. Home Lko. And 2 Others Counsel for Petitioner :- Pankaj Pandey Counsel for Respondent :- C.S.C.

¶44

Case :- WRIT - A No. - 553 of 2025

¶45

Petitioner :- Har Prasad Ahirwar

¶46

Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 4 Others Counsel for Petitioner :- Dinesh Kumar Singh (D.K.Singh) Counsel for Respondent :- C.S.C.

¶47

Case :- WRIT - A No. - 554 of 2025

¶48

Petitioner :- Mohd. Alam Ansari (Pno 952920207) Respondent :- State Of U.P. Thru. Secy. Home Govt. Of U.P. Lko. And 2 Others Counsel for Petitioner :- Pankaj Pandey

¶49

Counsel for Respondent :- C.S.C.

¶50

Case :- WRIT - A No. - 695 of 2025

¶51

Petitioner :- Ijhar Ahmad Kha Pno 952110765 Respondent :- State Of U.P. Thru. Prin. Secy. Home Police Deptt. Lko. And 3 Others

¶52

Counsel for Petitioner :- Mohd. Nasir,Mohd. Yasir,Rahul Kumar Srivastava Counsel for Respondent :- C.S.C.

¶53

Case :- WRIT - A No. - 806 of 2025

¶54

Petitioner :- Smt. Sushila Yadav

¶55

Respondent :- State Of U.P. Thru. Prin. Secy. Finance U.P. Lko. And 3 Others Counsel for Petitioner :- Atul Kumar,Pushpendra Chauhan Counsel for Respondent :- C.S.C.

¶56

Case :- WRIT - A No. - 821 of 2025

¶57

Petitioner :- Muti Ahmad

¶58

Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others

¶59

Counsel for Petitioner :- Farooq Ayoob,Mansi Gupta Counsel for Respondent :- C.S.C.

¶60

Case :- WRIT - A No. - 860 of 2025

¶61

Petitioner :- Shyam Bali Yadav

¶62

Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C.

¶63

Case :- WRIT - A No. - 1006 of 2025

¶64

Petitioner :- Gyan Singh @ Gyan Singh Rathor Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And 3 Others Counsel for Petitioner :- Krishna Kumar Singh Counsel for Respondent :- C.S.C.

¶65

Case :- WRIT - A No. - 1075 of 2025

¶66

Petitioner :- Mohd. Saeed

¶67

Respondent :- State Of U.P. Thru. Prin. Secy. Home And 2 Others Counsel for Petitioner :- Suresh Chandra Tiwari,Shilpi Tiwari Counsel for Respondent :- C.S.C.

¶68

Case :- WRIT - A No. - 1102 of 2025

¶69

Petitioner :- Kuldeep Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Petitioner :- Anshu Singh,Km.Pratibha Vaish Counsel for Respondent :- C.S.C.

¶70

Case :- WRIT - A No. - 1105 of 2025

¶71

Petitioner :- Ummay Salma Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others Counsel for Petitioner :- Deepak Singh Counsel for Respondent :- C.S.C.

¶72

Case :- WRIT - A No. - 1117 of 2025

¶73

Petitioner :- Bubban Husain

¶74

Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And 2 Others Counsel for Petitioner :- Ram Charitra Pandey,Shashank Pandey Counsel for Respondent :- C.S.C.

¶75

Case :- WRIT - A No. - 1190 of 2025

¶76

Petitioner :- Shiv Bahadur Singh Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Home And 3 Others Counsel for Petitioner :- Pankaj Pandey Counsel for Respondent :- C.S.C.

¶77

Case :- WRIT - A No. - 1454 of 2025

¶78

Petitioner :- Javed Ahmad Khan And Another

¶79

Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home And 2 Others Counsel for Petitioner :- Farooq Ayoob,Pankaj Pandey Counsel for Respondent :- C.S.C.

¶80

Case :- WRIT - A No. - 1672 of 2025

¶81

Petitioner :- Heera Lal Gupta P. No 922460555 Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 4 Others Counsel for Petitioner :- Brijesh Kumar Counsel for Respondent :- C.S.C.

¶82

Case :- WRIT - A No. - 1824 of 2025

¶83

Petitioner :- Tara Singh Respondent :- State Of U.P. Thru.Addl. Chief Secy. Deptt. Home Govt. Lko And 2 Others

¶84

Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C.

¶85

Case :- WRIT - A No. - 1831 of 2025

¶86

Petitioner :- Mohd. Anees Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 2 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C. Case :- WRIT - A No. - 1899 of 2025

¶87

Petitioner :- Niranjan Lal Pno No. 842357081 Respondent :- State Of U.P. Thru. Prin. Secy. Home Police Deptt. Lko. And 3 Others Counsel for Petitioner :- Mohd. Nasir,Mohd. Yasir,Rahul Kumar Srivastava Counsel for Respondent :- C.S.C. Case :- WRIT - A No. - 2158 of 2025

¶88

Petitioner :- Shafiquddin Pno.840490795 Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And 2 Others Counsel for Petitioner :- Ajay Shukla,Satyavrat Shukla Counsel for Respondent :- C.S.C. Case :- WRIT - A No. - 2295 of 2025

¶89

Petitioner :- Ram Bachan Kushwaha Respondent :- State Of U.P. Thru. Controller U.P. Police Headquarter Lko. And 3 Others Counsel for Petitioner :- Adarsh Kumar Maurya,Alka Rani,Ambrish Kumar,Anuradha Kushwaha,Rupali Srivastava,Shubham Yadav Counsel for Respondent :- C.S.C.

¶90

Case :- WRIT - A No. - 2383 of 2025

¶91

Petitioner :- Randheer Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Of U.P. Lko. And 3 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C.

¶92

Case :- WRIT - A No. - 2409 of 2025

¶93

Petitioner :- Ram Chandar Yadav Pno. 782060201 Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 Others

¶94

Counsel for Petitioner :- Ram Charitra Pandey,Shashank Pandey Counsel for Respondent :- C.S.C.

¶95

Case :- WRIT - A No. - 2410 of 2025

¶96

Petitioner :- Kamichha Prasad Pno No. 820440361 Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 Others

¶97

Counsel for Petitioner :- Ajay Shukla,Satyavrat Shukla Counsel for Respondent :- C.S.C.

¶98

Case :- WRIT - A No. - 2777 of 2025

¶99

Petitioner :- Saheel Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Alok Kumar Shukla Counsel for Respondent :- C.S.C.

¶100

Case :- WRIT - A No. - 2824 of 2025

¶101

Petitioner :- Kunwar Pal

¶102

Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Deptt. U.P. Lko. And 3 Others Counsel for Petitioner :- Mayankar Singh,Neeraj Kumar Rai,Shachindra Pratap Singh Counsel for Respondent :- C.S.C.

¶103

Case :- WRIT - A No. - 2875 of 2025

¶104

Petitioner :- Smt.Subodh Kumari

¶105

Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 4 Others Counsel for Petitioner :- Neeranjan,Pratyush Mishra Counsel for Respondent :- C.S.C.

¶106

Case :- WRIT - A No. - 4042 of 2025

¶107

Petitioner :- Lalloo Singh

¶108

Respondent :- State Of U.P. Thru. Its Secy. Deptt. Of Home And 4 Others Counsel for Petitioner :- Neeranjan,Pratyush Mishra Counsel for Respondent :- C.S.C.

¶109

Case :- WRIT - A No. - 4160 of 2025

¶110

Petitioner :- Mohd. Aqbal Ansari (Pno - 952701055) Respondent :- State Of U.P. Thru. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Pankaj Pandey Counsel for Respondent :- C.S.C.

¶111

Case :- WRIT - A No. - 4220 of 2025

¶112

Petitioner :- Nazama Begum Ansari (Pno - 952701101) Respondent :- State Of U.P. Thru. Secy. Home U.P. Lko. And 4 Others Counsel for Petitioner :- Pankaj Pandey Counsel for Respondent :- C.S.C.

¶113

Case :- WRIT - A No. - 4225 of 2025

¶114

Petitioner :- Maheshram (P.N.O. - 822672557) Respondent :- State Of U.P. Thru. Prin. Secy. (Home), Home Police Deptt. Lko. And 2 Others Counsel for Petitioner :- Mohd. Nasir,Mohd. Yasir,Navneet Yadav,Rahul Kumar Srivastava Counsel for Respondent :- C.S.C.

¶115

Case :- WRIT - A No. - 4383 of 2025

¶116

Petitioner :- Sayed Baqar Abbas (Pno - 952701127 , Retd.) Respondent :- State Of U.P. Thru. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Pankaj Pandey Counsel for Respondent :- C.S.C.

¶117

Case :- WRIT - A No. - 4508 of 2025

¶118

Petitioner :- Munnar Prasad Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- C.S.C.

¶119

Case :- WRIT - A No. - 5303 of 2025

¶120

Petitioner :- Ompal Singh Respondent :- State Of U.P. Thru. Secy. Deptt. Home Lko. And 4 Others Counsel for Petitioner :- Neeranjan,Anil Kumar Shukla Counsel for Respondent :- C.S.C.

¶121

Case :- WRIT - A No. - 6254 of 2025

¶122

Petitioner :- Bakht Bahadur Singh Respondent :- State Of U.P.Thru. Addl. Chief Secy. Home Deptt., Govt. Of U.P., Lko. And 2 Others Counsel for Petitioner :- Ajit Singh,Apporv Pal,Ashwani Mishra Counsel for Respondent :- C.S.C.

¶123

Case :- WRIT - A No. - 6655 of 2025; AND

¶124

Petitioner :- Puttu Lal Yadav Respondent :- State Of U.P. Thru. Addl. Chiefprin. Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Ashwani Mishra,Pranav Mishra,Ratnesh Singh Counsel for Respondent :- C.S.C.

¶125

Case :- WRIT - A No. - 7056 of 2025

¶126

Petitioner :- Malkhan Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And 2 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C.

¶127

(2) Case :- WRIT - A No. - 4732 of 2024

¶128

Petitioner :- Ramesh Chand Dubey Respondent :- State Of U.P. Thru. Prin. Secy. (Home) Lko. And 2 Others Counsel for Petitioner :- Manish Misra,Bhavini Upadhyay,Gaurav Upadhyay

¶129

Counsel for Respondent :- C.S.C.

¶130

Hon'ble Manish Mathur,J.

¶131

Heard M/s M.P. Raju, Pankaj Pandey, Manish Mishra, Alok Kumar Shukla, Manvendra Singh, Ajit Singh, Apporv Pal, Farooq Ayoob, Deepak Singh & Rakesh Kumar Singh, learned counsel for petitioners appearing in different writ petitions above and Mr. Sandeep Sharma, learned State Counsel appearing on behalf of the opposite parties.

¶132

The above bunch of petitions has been filed challenging various orders whereby pay-scales made admissible to petitioners were revised on ground that they were inadmissible to them. Orders pertaining to recovery/adjustment of such excess payments has also been passed and is under challenge.

¶133

Affidavit filed on behalf of State in WRIT - A No. - 11575 of 2024 is taken on record.

¶134

A perusal of order-sheet indicates that this Court had earlier shown concern with regard to aspect that in a number of cases, recovery orders have been issued on allegation that incorrect or excess payments were made to employees.

¶135

In pursuance of directions issued by this Court earlier in this bunch of petitions, Mr. Sandeep Sharma, learned State Counsel has adverted to affidavit filed on behalf of State and it has been submitted that with regard to aforesaid aspect, it has been decided that a portal to display the normalized pay (matters of pay fixation) under the Fifth, Sixth and Seventh Finance Commission would be developed and tender-bid with regard to same has already been issued. It has been submitted that seven points or parameters which were laid down by this Court in its judgment and order dated 26.09.2022 rendered in WRIT - A No. - 5238 of 2022 [ Ram Ghulam v. State of U.P and others ] has been made available by

¶136

the Finance Controller, U.P. Police Headquarters vide letter dated 05.08.2025 and effective steps are being taken to ensure implementation of all the seven parameters indicated by this Court. It is therefore submitted that development of portal with implementation of aforesaid seven parameters would obviate the problem which is being faced with regard to excess payment being made.

¶137

From aforesaid material on record, it is evident that petitioners belong to Class III and Class IV category of employees and impugned orders have been passed withdrawing pay-scales which were made admissible to them long time ago. Ex-facie, impugned orders have been passed merely on the basis of audit report(s) without providing any opportunity of hearing to petitioners.

¶138

It has been submitted by learned counsel for petitioners that the aforesaid aspect, pertaining to impugned orders, is squarely covered by 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.

¶139

Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that prior to passing of impugned orders, requiring recovery or deduction from salary, no opportunity of hearing was provided to petitioners nor is there any allegation that incorrect pay-fixation or excessive payments in lieu thereof were either at the behest of petitioners or upon fraud or misrepresentation perpetrated by them.

¶140

In view thereof, this Court finds the present dispute squarely covered by judgment in State of Punjab & others v. Rafiq Masih (supra), which is in the following terms:-

¶141

"18. It is not possible to postulate all situations of hardship, which would govern employees on the issue of 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:

¶142

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

¶143

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

¶144

(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.

¶145

(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.

¶146

(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."

¶147

Having regard to above, the impugned orders in all the above writ petitions are hereby quashed by issuance of a writ in the nature Certiorari granting liberty to opposite parties to pass orders afresh with regard to pay-fixation but only after affording opportunity of hearing to petitioners and considering their reply. Since petitioners pertain to Class III and Class IV category, as enunciated by State of Punjab & others v. Rafiq Masih (supra), any deduction or adjustment of salary made from petitioners or recovery made are required to be refunded to them within a period of eight weeks from the date a certified copy of this order is served upon authority concerned. The decision shall be taken by authority concerned in light of Government Order dated 16.01.2007.

¶148

Resultantly, the petitions succeed and are allowed. Parties to bear their own costs.

¶149

Order Date :- 8.8.2025 kvg/-

¶150

Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Madan Ji Shukla Pno. 842462859 v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Madan Ji Shukla Pno. 842462859 v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Krishna Kumar Mishra Vs State of U.P. Thru. Prin. Secy. (Cooperative) Lko. and 3 Others

Pushpa Vs State of U.P. Thru. Prin. Secy. Deptt. of Tech. Edu. Lko. and 3 Others

Pradeep Kumar Gautam Vs State of U.P. Thru. Addl. Chief Secy. Finance Sectt. Lko. and Another

Buddhilal Vs State of U.P. through Secy.

Amiy Krishna Shukla Vs State of U.P. Thru. Prin. Secy. Revenue Lko. and 3 Others

Ratnesh Kumar Trivedi and 7 Others Vs State of U.P. Thru. Addl. Chief Secy. Technical Education Lko. and 10 Others