Disposed

Mohd. Naushad Khan Pno 952701156 and 11 Others v. State of U.P. Thru. Its Secy. Home Lko. and 2 Others

Allahabad HC8 Aug 2025WRIA/473/2025

Case brief

AI extract

What is this about?

Writ petition by Urdu Translators challenging a recovery order for excess salary passed on an audit report. Court permitted amendment of parties, called for counter affidavit, connected with a similar writ, and stayed recovery proceedings meanwhile.

What did the court decide?

Interim direction that no recovery proceedings be initiated pursuant to the impugned recovery order dated 11.11.2024; counter affidavit called.

Mohd. Naushad Khan Pno 952701156 and 11… — Pension and Retirement Benefits | Allahabad HC (2025)

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Court No. - 6

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

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Petitioner :- Mohd. Naushad Khan Pno 952701156 And 11 Others

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

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

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Hon'ble Alok Mathur,J.

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(CMA No. NIL No. 2025-Application for Amendment)

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Amendment application filed by the applicant/petitioners today in Court is taken on record.

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This is an application for amendment in the array of parties.

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Cause shown in the affidavit filed in support of application for amendment is sufficient. Accordingly, the application in question is allowed.

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The applicant/petitioners is permitted to make necessary amendment in the array of parties by deleting "Senior Superintendent of Police Ayodhya and by impleading/inserting "Superintendent of Police, Sultanpur" as respondent no. 3 during the course of the day.

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(Order on Petition)

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Supplementary affidavit filed today in Court is taken on record.

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Heard learned counsel for petitioners, learned Standing Counsel for the State and perused the material available on record.

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It has been submitted by learned counsel for petitioners that merely on the basis of an audit report dated 14.09.2022,

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impugned recovery order dated 11.11.2024 has been passed by Superintendent of Police, Sultanpur without giving any reason as to why there was wrong fixation of salary of the petitioner.

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It has further been submitted that the petitioners are working on the post of Urdu Translator in the Police Department, which is a class-III post and in support of his submission learned counsel for petitioners has relied upon a judgment of Supreme Court in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) and others reported in (2015) 4 SCC 334 stating that no recovery for excess payment made can be recovered from the salary of a class-III & class-IV employees.

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In light of the above, let a counter affidavit be filed by the respondents.

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Connect and list with Writ-A No. 11575 of 2024.

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Meanwhile, no recovery proceedings shall be initiated by the respondents to recover the excess salary paid to the petitioner in pursuance to the impugned recovery order dated 11.11.2024..

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(Alok Mathur, J.)

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Order Date :- 22.1.2025 Virendra

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Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Naushad Khan Pno 952701156 and 11 Others v. State of U.P. Thru. Its Secy. Home Lko. and 2 Others

Case brief

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Mohd. Naushad Khan Pno 952701156 and 11 Others v. State of U.P. Thru. Its Secy. Home Lko. and 2 Others

Case brief

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