@ 02¢ ‘wk gmgge ggmch @ N THE HIGH COURT OF CHHATTISGARH AT BILASPUR. I WRIT PETITION (S) No. 3%T OF 2009 VERSUS (w < RESPONDENTS 1. State of C.G., Through: the Secretary, Tribal Welfare Department, DKS, raipur (C.G.) 2i! The Joint Director, Accounts Treasury and Pension, Bilaspur (C.G.) 3. The Block Education Officer, Dharamjaigarh, District Raigarh (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUE OF AN APPROPRIATE WRIT IN THE NATURE OF MANDAMUS/ CERTIORARI ETC. OR IRECTION/ORDER IN THE LIKE NATURE ETC. AY THIS PLEASE TO NOUR LORDSHIP, D M PETITIONER / (Hem Singh Thakur S/o Bhupdeo MI? m”? :3: a::::3 Wig: {g N/ k? xiii: “ISVD‘N \AK. Dharamjaigarh, District Raigarh C.G. HIGH COURT OF CHHATT¥SGARH : BKLASPUR WRIT PETiTiON (S) NO. 3789 OF 2009 PETIT§ONER Hem smgh Thakur ‘u‘eraus State of C.G. & Others RESPGNDENTS (Wfit petition unde: Anicie 225 of the Ccns‘iiiu‘ion af india) Smqie Bench Hon’ble SW1 sailsh K Agrmum J resent :- Shn Rakesh Pandey, counsei farihe peiutmner Me Sunlia Jam PL for the State. ORDER {ORALI (Passed 0n this 1D day 9f September, 2mm) 1. Heard iearned counsei for ihe pames. 2. By this peiition, ihe- petitioner seeks quashing of the ietter daied 24/25-2-2009 (Annexure — P/1) whereby the petitiener has been asked t0 give conseni for recovery of the excess amouni. 3. The requirement of law is to afford an Opporiunity of hearing by issuing show cause notice to the retired employee, if there is any proposal to make recovery of the excess amount. The ietter is not in the nature of directing recovery. However, it is made ciear that no recovery of any payment shaii be made without affording ar opportunity of hearing to the retrred employee/netrtroner (See Sahib Ram v Stare of Haryana and others and further followed by this Court an Wayadhar Trwan v The State of Chhattrsgam & Offers & Vroya Shankar Tiwan v. State of MP. {Now state 0r ohhamsgam; and othersi), 4. Accordingly, the writ petition is disposed of. Sd/- ‘ ' l i, ‘L 1 satish K.’Agnihmri :l i Judge Gowri ’iQgo Supp (1) bU" 2U 2006 l1) NPHT 105 (cos ' 2006 (2) MPHT 31 (CG)