CWP (T) No. 16276/2008 23.03.2011 Present: Mr. Ranjan Sharma, Advocate, for the petitioner Mr. R. M Bisht, Dy. A.G. for the respondents It is not in dispute that petitioner was to retire on 2.12.2005, upon attaining the age of superannuation i.e. 58 years. However, due to the circumstances not attributable to the petitioner, she was allowed to continue to work up to 19.1.2007. Vide order dated 21.9.2006 (Annexure A-4), the date of superannuation was fixed as 31.12.2007 instead of 2.12.2005. Petitioner has worked under this order till 19.1.2007. Undisputedly, petitioner has worked to the satisfaction of her employer. In terms of impugned order dated 19.1.2007 (Annexure A-5), respondents are also seeking to recover the amount received by her towards salary for the period after 2.12.2005. This action of the respondents is impermissible in law keeping in view the ratio of law laid down by the Apex Court in Coal India Ltd. & anr. Vs. Ardhendu Bikas Bhattacharjee & Ors. (2005) 12 SCC 201 & Syed Abdul Qadir & Ors. vs. State of Bihar & Ors. (2009) 3 SCC 475. 2. Consequently, directions contained in Annexure A-5 to the extent that recovery of salary be effected from the petitioner is quashed. 3. With the aforesaid observations, petition stands disposed of. March 23, 2011 ( Sanjay Karol ), (rana) Judge.