Kalavati Vs State of U.P. Thru. Prin. Secy. Deptt. Finance Govt. Lko and 2 Others — Allahabad HC (2025) — LawSathi Research

Kalavati Vs State of U.P. Thru. Prin. Secy. Deptt. Finance Govt. Lko and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition allowed; order dated 18.01.2025 quashed by certiorari with liberty to pass fresh orders only after affording opportunity of hearing and considering petitioner's reply, keeping in mind Rafiq Masih ((2015) 4 SCC 334); final decision within eight weeks of service of certified copy, including consideration of refund; parties to bear their own costs.

Issue for consideration

Whether the order dated 18.01.2025 effecting recovery from the petitioner's pensionary benefits and reducing her basic monthly pension, passed without affording opportunity of hearing, should be quashed and fresh orders passed after hearing. +1 more

Court's answer

Order dated 18.01.2025 is quashed by issuance of a writ in the nature of certiorari, granting the opposite parties liberty to pass orders afresh but only after affording opportunity of hearing to the petitioner and considering her reply.

Ratio / Principle

Final decision with regard to the matter shall be taken within eight weeks from the date a certified copy of this order is served upon the concerned authority, and the aspect of refund shall also be considered by the authority concerned in accordance with law within the same time period.

Key takeaways

In taking the fresh decision, the opposite parties shall keep in mind the Supreme Court judgment in State of Punjab & others v. Rafiq Masih (White Washer) & others ((2015) 4 SCC 334), the petitioner having, as per submission, superannuated from service on a Class III post.obiter¶¶9

Detailed headnote1 paragraphs

Pension recovery — writ petition allowed. Petitioner (Kalavati), a superannuated Class III employee, challenged an order dated 18.01.2025 effecting recovery from her pensionary benefits and reducing her Basic Monthly Pension from Rs.48,289/- to Rs.09,690/- P.M. State counsel's written instruction dated 15.07.2025 stated the dispute concerned incorrect excess payment of pension (not pay-scale fixation) and that petitioner had consented on 14.09.2017 to recovery. Holding the impugned order had been passed without affording opportunity of hearing, Hon'ble Manish Mathur, J. quashed it by a writ of certiorari, permitting fresh orders only after hearing the petitioner and considering her reply, directing the authority to keep in mind State of Punjab v. Rafiq Masih ((2015) 4 SCC 334) given her Class III-post superannuation, fixing an eight-week deadline for the final decision inclusive of consideration of refund, and allowing the petition with parties bearing their own costs.

Neutral Citation No. - 2025:AHC-LKO:40248

Court No. - 18

Case :- WRIT - A No. - 7155 of 2025 Petitioner :- Kalavati Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Finance Govt. Lko And 2 Others Counsel for Petitioner :- Ashish Mishra Atal Counsel for Respondent :- C.S.C.

Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner and learned State Counsel for opposite parties.

Petition has been filed challenging order for recovery from pensionary benefits of petitioner with further prayer for a direction to concerned authority not to reduce the Basic Monthly Pension of petitioner from Rs.48,289/- to Rs.09,690/- P.M.

Learned State counsel has been provided written instruction dated 15.07.2025 with order dated 18.01.2025 which is taken on record and as per which the dispute pertains to incorrect excess payment of pension and not incorrect fixation of pay-scale and had already submitted her consent dated 14.09.2017 for recovery of excess payment.

It appears from the order dated 18.01.2025 that same has been passed without affording opportunity of hearing to petitioner whereby certain adjustment /recovery has been effected from the pensionary benefits while reducing basic pension as well.

In view of aforesaid facts and circumstances, order dated 18.01.2025 is hereby quashed by issuance of a writ in nature of certiorari granting liberty to opposite parties to pass orders afresh but only after affording opportunity of hearing to petitioner and considering her reply. Opposite party shall also keep in mind 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 since as per submission, petitioner superannuated from service on Class III post.

Final decision with regard to same shall be taken within a period of eight weeks from the date a certified copy of this order is served upon concerned authority.

In view of aforesaid, the writ petition is allowed . Parties to bear their own costs.

The aspect of refund shall also be considered by the authority concerned in accordance with law within the same time period.

Order Date : - 15.7.2025 Subodh/-

Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench