Pankaj Bhatia, J.
1. Heard the counsel for the petitioner and Sri Sampurna Nand Shukla, the counsel for the respondents.
2. The present petition has been filed challenging the orders dated 20.04.2022, 20.12.2021 and 01.12.2012 contained as Annexure no.1, 2 & 3 to the writ petition whereby the recoveries have been affected from the retiral dues of the petitioner on account of the wrong payment of salary.
3. It is admitted position that the petitioner retired in the year 2018 and the impugned order itself records that the alleged wrong salary was paid to the petitioner from the year 2011. The same is clearly contrary to the law laid down by Hon'ble the Apex Court in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) reported at (2015) 4 SCC 334 [LQ/SC/2014/1385] . Even otherwise, the recovery from the gratuity amount cannot be done except as specified in Section 4 (6) of the Payment of Gratuity Act, as such, the impugned orders contained at Annexures No. 1 to 3 are set aside.
4. The writ petition is allowed. The gratuity amount of the petitioner shall be paid to the petitioner within a period of three months.
