Disposed¶17

Hari Nath Mishra v. U.O.I. Ministry of Railways Thru. Secy. Railway Board New Delhi and 2 Others

Allahabad HC24 Mar 2026WRIA/3154/2026

Case brief

AI extract

What is this about?

Recovery from retiral dues/pension of retired Group 'C' railway employee for alleged wrong fixation of pay; interim stay of recovery pending counter affidavit; Rafiq Masih (2015) 4 SCC 334 invoked by petitioner's counsel; Union of India, Ministry of Railways / Railway Board; Allahabad High Court Lucknow Bench, single judge (Karunesh Singh Pawar); WRIT - A No. 3154 of 2026; decision dated 07.04.2026; next hearing 20.05.2026.

What did the court decide?

Interim stay of the recovery pursuant to the impugned order dated 15.1.2019 till the next date of listing; respondents' counsel permitted time to file counter affidavit; case listed on 20.05.2026. ¶17

Hari Nath Mishra vs U.O.I. Ministry of Railways Thru. Secy. Railway Board New Delhi and 2 Others — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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WRIT - A No. - 3154 of 2026

Hari Nath Mishra

.....Petitioner(s)

Versus

U.O.I. Ministry Of Railways Thru. Secy. Railway Board New Delhi And 2 Others

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.....Respondent(s)

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Counsel for Petitioner(s)	: Dinesh Kumar Shukla
Counsel for Respondent(s)	: A.S.G.I.

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Court No. - 18

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HON'BLE KARUNESH SINGH PAWAR, J.

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Heard learned counsel for the petitioner and Shri Devrishi Kumar, learned counsel for the Union of India.

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The submission of learned counsel for the petitioner is that the petitioner, a Group 'C' employee, retired on 31.12.2018 upon attaining the age of superannuation and has been granted pension and other retiral dues. In the meantime, the impugned order dated 15.01.2019, contained in Annexure-4 has been passed by respondent no. 3, whereby a sum of Rs. 37,963/-/- is sought to be recovered on account of alleged wrong fixation of pay during the service period of the petitioner.

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It is further submitted that the aforesaid recovery is contrary to the law laid down in State of Punjab vs. Rafiq Masih, (2015) 4 SCC 334.

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Learned counsel for the Union of India prays that he may be granted time to file Counter Affidavit.

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List this case on 20.05.2026 .

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In the meantime learned counsel for the respondents shall file counter affidavit.

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Till the next date of listing, the recovery pursuant to the impugned order dated 15.1.2019 shall remain stayed.

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April 7, 2026 Madhu J.R/P.S

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(Karunesh Singh Pawar,J.)

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Hari Nath Mishra v. U.O.I. Ministry of Railways Thru. Secy. Railway Board New Delhi and 2 Others

Case brief

What is this about?

What did the court decide?

Hari Nath Mishra v. U.O.I. Ministry of Railways Thru. Secy. Railway Board New Delhi and 2 Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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