M? WS7/ IN THE HIGH COURT OF CHHATTIsGARH AT BILASPUR WRIT PETITION (5.) NO2J§fLJ2010 smnb gem“ Naval Dos MuhanT, Son of laTe Dhunuu Das Maham‘, aged abouT 66 years‘ *(ReTired Assistanf Teacher), R/o. Naraya‘npur‘, Tahsil and District - Narayanpur‘ (6.6.), VERSUS STaTe of ChhaTTisgarh, Thrbugh : ITS Secretary, Tribal Welfare Depor‘rmem, D.K.5. Bhawan, McnTmlaya, Raipur (C.6.). Join? Direcfor, Divisianal Office. reasury, AccounTs and Pensions, BasTar Division, Jagdalpur', DisTricT BasTar' (6.6.) The AssisTanT Commissioner, Tribal Welfare DeparT'menT, Jagd‘alpur,’DisTricT Jagdalpur' (C.G.), The Block Educa‘rion Officer, Noroyonpur, Tahsil and DisTricT Narayanbur (C.6.), /" WRITPETITION UNDER ARTICLE 226 OF THE COUNSTITUTION i OF INDIA. The Pe‘riTioners chow-nnmmi w-» JL PETITIONER T M” PEUQN (swm g“) lPETlTl0NERI V Nava! Das Mahant Versus RESPONDENTSV: 7 _ 7 Hstatg cfclhhaftisgarhiss Others (Writ Petition under Article 226 of the Constituticnof India) I Single Bench ‘ Hon’ble Shri Satish K. Agnihotri J. H _ Present :- Shn R S Pate! Advocate for the petitioner Shrl A V Shridhar Panel Lawyer for the State L RDER ORAL (Passed on 10 day ofMarch 2011) Chauenge In this petrtlon rs to the order dated 29 a8 200$ (Annexure _ a m ‘ ’ ’ ; 2 N H conditions wherein the excess payment ¢ marbé recoversJ nameiyww exaessm ”payment was made on account of, misrepreSentaaon or fraud on the part of z‘“ the employee (i0 the employee had knowledge that the payment recelved was In excess and (m) the error was corrected g with/n a short span of time of wrong § payment......" km Leamed counsel appearing for the State/respondents doee net . controvert the submissuons made by leamed counsel for the petittoners l. » and submits that this matter may be disposed of In the same wrme Jn vuew of the foregoing and as admitted by learned counsel appearing z for the parties this petition isedispoeed of In the terms of the order f passed m the case of Ramchandra Kurup re the Impugned order w I .r dated 29 08 2006 (Annexure P11) regarding recovery of an mount of r Rs 34388l- from the retrial dues of the petitioner on aeoomt of excess payment Is hereby quashed The petitioner ls entitled to futl pensronary penetttslgratulty amount without any deduction it the ” amount has been recovered the petitioner rs entitled to the sand ~ amGUf‘lt ”‘ 1, ‘ ln’ View of~foregoingL if the, pension, at: the petjtioner has not been i settled till date; the authorities are diregted to settle the pension of the i v N petitioner tamara‘wnmenetitigt theetameras expeditiousu asFpossibIe. ‘ in accordance with law and n its own merits t - i \ o :" Sdl- ASH K. AGNIHOTRI ~ El; Judge n J ”w v it STI , i 1