ORDER 1. With the consent of the parties, the matter is heard finally. The petitioner who is a retired government servant has sought quashment of the order of refixation / recovery issued against the petitioner dated 26.8.2016 and sought a direction to refund the amount of Rs.1,65,244/- deposited by the petitioner under protest. 2. The facts of the case are that the petitioner was initially appointed in the department on the post of Sub-Engineer by order dated 9.4.1979 in the pay scale of Rs.280-480. After completion of 12 years on the post of Sub-Engineer, he was granted higher pay scale of Rs.2000-2900 by order dated 2.8.1991. The petitioner's salary was revised from 1.1.1996 in the pay scale of Rs.6500-9100 and in the 6th pay commission, his pay was fixed on the pay scale of Rs.8000-13500/-. After completion of 28 years of service on the post of Sub-Engineer, he was allowed time scale pay of Rs.10,000-15200 by order dated 4.6.2010 from 18.7.2008. The petitioner was promoted from the post of Sub-Engineer to the post of Assistant Engineer by order dated 9.6.2011 in the pay scale of Rs.15600-39100 + grade pay 5400. The petitioner was due for retirement on 30.9.2016. The respondent arbitrarily revised the salary of the petitioner without any notice to him and the order of recovery of Rs.1,65,244/- was passed against the petitioner of excess payment of salary to him. 3. The respondents have filed reply and stated that the petitioner was entitled to get total amount of salary in the pay scale of Rs.23350/- from 1.1.2006 but he was paid excess amount of salary of Rs.23,850/- due to mistake and the same continued till his retirement. Thus, the petitioner was paid excess amount of Rs.1,65,244/-. 4. It is further submitted that the petitioner had given an undertaking Annexure R/2 that if it is found that the petitioner is paid excess amount, the same shall be refunded by him. 5. Learned counsel for the respondent/state has relied on the judgment passed by the apex Court in the case of High Court of Punjab and Haryana v. Jagdev Sngh passed in Civil Appeal No.3500/2006, in which it is stated that if the employee had given an undertaking for refund, the recovery can be made of excess payment. 6. 5. Learned counsel for the respondent/state has relied on the judgment passed by the apex Court in the case of High Court of Punjab and Haryana v. Jagdev Sngh passed in Civil Appeal No.3500/2006, in which it is stated that if the employee had given an undertaking for refund, the recovery can be made of excess payment. 6. Combating the aforesaid submissions, learned counsel for the petitioner submitted that Annexure R/2 undertaking would not apply in the present case because the same was furnished in the year 1987 in pursuant to the pay fixation of the year 1986, whereas, the recovery is being made in pursuant to the pay fixation of year 2006 for which no undertaking was furnished by him. Therefore, the judgment passed in the case of Jagdev (supra) would not apply. 7. He further submitted that there is no mistake on the part of the petitioner and he has not mislead the department. The petitioner is a retired government employee and the respondent cannot be permitted to recover the said mount after his retirement. 8. After hearing learned counsel for the parties and taking into consideration that the petitioner got paid salary of Rs.23850/- till retirement by the respondent themselves and there was no misrepresentation on behalf of the petitioner. Since there is no misrepresentation or fault on the part of the petitioner, therefore, the respondent cannot affect the recovery of the said amount from the petitioner after his retirement, in view of the law laid down in the case of Syed Abdul Kadir v. State of Bihar reported in (2009) 3 SCC 475 . The judgment of Jagdev (supra) relied by the counsel for the respondent/state would not apply to the facts of the present case. There is no undertaking on record for refund of the amount in pursuant to the pay fixation of year 2006. In view of the aforesaid, the present petition is allowed and the respondents are directed to refund the deposited amount of Rs.1,65,244/- with 6% interest within the period of three months from today and if the said amount is not refunded to the petitioner within the aforesaid period, the said amount shall carry 9% interest per month.