WPSS/1587/2025
2025 Latest Caselaw 4604 UK

Citation : 2025 Latest Caselaw 4604 UK
Judgement Date : 25 September, 2025

Uttarakhand High Court

WPSS/1587/2025 on 25 September, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
D1-
31                                WPSS No.1587 of 2025
                                  Hon'ble Ravindra Maithani, J.

Mr. Niranjan Bhatt, Advocate for the petitioner.

Mr. Puran Singh Bisht, Additional C.S.C. for the State.

Ms. Devika Tiwari, Advocate for the respondent nos. 2 to 4, through video conferencing.

Heard.

Admit.

Learned C.S.C. takes notices for the respondent nos. 1 and 5.

Ms. Devika Tiwari, Advocate takes notices for the respondent nos. 2 to 4.

Respondents may file counter affidavit within four weeks.

Two weeks, thereafter, rejoinder affidavit, if any, may be filed.

List this matter on 21.11.2025. Heard on Stay Application, IA No.1 of

It is the case of the petitioner that he is Senior Aircraft Mechanic under the respondent no.2, posted in District Dehradun. He is to superannuate on 30th of this month, but before that, by the impugned order dated 08.08.2025, the respondent no.4 has directed that Rs.20,59,829/- is to be recovered from the retiral dues of the petitioner, and, in fact, some amount has already been recovered on 14.08.2025. Reference is made to Annexure Nos. 11 and 13.

He further submits that the petitioner is a Group-3 employee; in view of the judgment passed by the Hon'ble Supreme Court in the case of State of Punjab Vs. Rafiq Masih, (2015) 4 SCC 334, such recovery cannot be made because the petitioner did not play any fraud or did not make any misrepresentation in receiving any amount from the department.

Having heard, as an interim measure, till the next date of listing, the operation of the impugned order dated 08.08.2025 and 14.08.2025, which are Annexure Nos.11 and 13, respectively, shall remain in abeyance.

Stay application stands disposed of, accordingly.

(Ravindra Maithani J.) 25.09.2025 RV