o ps'.if" c S!:MPJ-S Sli'iu.LE BEI^l.»n BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH ATBILASPUR W.P (S) No. 3^2- /2010 PETITIONER <3 v \.--'^ ^ -••\rt>f--: '^^.^ ••" ^ ^- ,^s& Dukhu Ram Jaiswal S/o. Late B.R. Jaiswal, aged about- 70 years, R/o. Village Bhandi, Post Kasra, Tahsil Baikunthpur, District- Korea (C.G.) VERSUS '^ RESPONDENTS :1 The State of Chhattisgarh, Through : the Secretary, Education Department, D.K.S. Bhawan, Raipur (C.G.) 2. The Secretary, Treasuries, Accounts & PenSion Department, D.K.S. Bhawan, Raipur(C.G.) 3. Joint Director, Treasuries, Accounts & Pension, Bilaspur (C.G.) 4.' District Education Officer, Baikunthpur, District Korea (C.G.) .5. District Treasury Officer Korea, Baikunthpur, District - Korea (C.G.) WRIT PETITION UNDER ARTICLE 226 OFTHE CONSTITUTION OF INDIA. 1. PARTICULARS OF THE PETITIONER As mentioned above in the cause title. 2. PARTICULARSOF THE RESPONDENTS As mentioned above in the cause title. "u»RSsS^K5C.-Qeeiea.^sa:7 Jsw- 1:\ A^ (.. 4 HIGH COURT OF CHHATTISG/WH : BiLASRJR WRIT PETITION (S) N0.3772 OF 2010. PETITIONER Dukhu Ram Jaiswal RESPONDENTS Versus The State of Chhattisgarh & Othere (Writ Petition under Article 226 of the Constitution of Inctia) Singie Bsnch: Hon'bls Shri Sstish K. Agnihotri, J. Present:- Shri A.K, Prasad, Advocate for the petitioner. Shri Sushil Dubey, ©overnmentAdvocate for the State. ORDER ('ORAL) (Passed on tftis 24"' day of February, 2011) 1. The petitioner, while working as Mead Master, retired from seroice on 31.12.2001 on ateining the age of superannuation. The petitionar is aggrieved by the order dated 28.2.2005 (Annexure P/1), whereunder a sum of Rs.40,213/- has been directed to be deducted from the pensionary benefits, holding it to be excess payment made to ttie petitioner during the course of his service. 2. According to the learned counsel appearing for Uie petitioner, the impugned recovery has been made without affording an opportunity of hearing to the petitioner, and further, the issue asto whether recovery of excess payment can be made without fotlowing principles of natural justice is no longer iss infegra, the same has been settled by the Supreme Court in the matter of Sahib Ram v. Sfate of Haryana and others. and further foHcwed by this Court in the matter of Vidyadhar Tiwari v. The State of C-hhatffsgaiti & Offrere2 and Vklya Shankar Tiwari */. State af W..P. (Nw State cf ChhestSsgarh) ararf c^era3 and thereafter followed in several decisions. 1199SSupp(l)SCC18 2 20.06 (1) MPHT 105 (CQ) 32066(2)NPHT31(CG) '^A «! Arun 3. This Court in Ranwhendra Kump v. Stete of C.G. & OttKa's4 and other connected matters, observed as under : "19. A common thread running into ttie above decisions of the Supreme Court is that, for recovery of excess payment of emoluments/ailowances, there are thre® conditions wherein the excess payment may be recovered, namely (i) excess paymsnt was made on account of misrepresentation or fraud on the part of the employee, (ii) the emptoyee had knowledge that the payment received was in excess, and (iii) the error was corrected within a short span of time of wrong payment......" 4. Learned counsel appearing tor the State/respondents does not controvert the submissions made by learned counsel for the petitioner and submite that this matter may be disposed of in the same terms. 5. tn view of the foregoing and as admitted by tearned counsel appeartng for the parties, this petition is disposed of in the terms of the order passed in the case of Ramchandr" Kuivp. i.e. the impugned order dated 28.2.2005 (Annexure P/1) regarding recovery of amount of Rs.40.213/- from the retrial dues of the petitioner on account of excess payment, is hereby quashed. The petitioner is entitled to full pensionary benefits/gratuitv amount without anv deducUon. If the amount has been recovered, the petitioner is entitled to the said amount. 6. However, it is open to the respondents to take recourse to Rute 05 of the ChhatUsgarh Civil Services (Penslon) Rules, 1976, if so advised, In accordance with law, after fotlowing basic principles of naturai justice. Sd/- , . , SatishK.Agmbotn Judge l:'.:. 20lff'(3)CGU400