WPSS/1566/2025
2025 Latest Caselaw 6213 UK

Uttarakhand High Court

WPSS/1566/2025 on 15 December, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                 2025:UHC:11179
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions              COURT'S OR JUDGE'S ORDERS
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                               WPSS/1566/2025
                               Hon'ble Manoj Kumar Tiwari, J
                               1.

Mr. Lalit Samant, learned counsel for the petitioner.

2. Mr. Ganesh Kandpal, learned Deputy Advocate General for the State of Uttarakhand.

3. Petitioner retired from the post of Lecturer, Government Inter College, Pithoragarh on 31.01.2024. After retirement, an order was passed against him, on 22.03.2024 by Finance Officer, School Education, Pithoragarh, informing petitioner that certain amount is liable to be recovered from him. Thereafter, a chart, indicating the amount to be recovered from the petitioner, was prepared and served upon him by Drawing Disbursing Officer.

4. As per chart, recovery of ₹2,38,407/- was to be made from the petitioner. Ultimately, Treasury Officer passed an order on 05.08.2024. PPO was issued by the Treasury Officer, in which it was clearly mentioned in Clause 2 that a sum of ₹2,38,407/- shall be recovered from the dues payable to petitioner. Feeling aggrieved by these orders, petitioner has approached this Court.

5. Learned counsel for the petitioner relies upon a law declared by Hon'ble Apex Court in the case of State of Punjab & others vs. Rafiq Masih (White Washer), reported in (2015) 4 SCC 334, for contending that after retirement no 2025:UHC:11179 recovery can be made from a Government Servant. He further submits that petitioner neither played fraud nor was he responsible, in any manner, for excess amount, if paid, therefore, the Competent Authority is not entitled to make any recovery from the petitioner.

6. Learned counsel for the petitioners relied upon a judgment rendered by

of 2023 and submitted that since the issue involved in this writ petition has been dealt with in the said judgment, therefore, the writ petition deserves to be decided in terms of the judgment dated 18.09.2025 rendered in WPSS No. 335 of 2023 & other connected matters.

7. Learned State Counsel concedes that since the issue involved is common, therefore, the writ petition can be decided in terms of said judgment.

8. In view of consensus between the parties, the writ petition is decided in terms of judgment dated 18.09.2025 rendered in WPSS No. 335 of 2023. It is made clear that this Court has not expressed any opinion on the refixation of pay of the petitioner and Departmental Authorities shall be at liberty to re-fix the pay of petitioner at the appropriate level, as per applicable Government Policy/Rules.

(Manoj Kumar Tiwari, J) 15.12.2025 Aswal NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

SINGH 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3 a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22D ACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH

ASWAL ASWAL Date: 2025.12.15 02:41:22 -08'00' 2025:UHC:11179