’ BILSPUR 1N THE HIGH COURT OF CHHATTISGARH AT A OF 20 ’ w. P. (S) No. 3M5” 11. / R Gl Pdy am opa ane, /o. late Shri DWar S ikaPrasad andéy, aged about ’67 years etired Head Masten, Ro. War o. 1, Sarhad Road, Baradwar ) ‘ l z P , , R / d N , District Janjgir Champa‘ (C':.G. V JE‘ RS’U S k r/ . ' ‘ ftate, ‘Of C Th Th S :51 S hhattisgarh, hroug é e ecretary; chool Education Dear .K.S. Bhawan, Raip‘ur‘(C.' / 2 aktil, District Janjgr Cham (C,G. x i ; ivisi0na’Jint Director reasury Account and Pension ilaspur‘,‘iDistt. Bilaspur, C.G.’ . Block EduCation Officer, S i pa ) TION UNDER\ARTICLE 2 F H STITI I lngle Bunch S ptment D G.) 3 DlO , T ; B ()' i WRIT PETI 26 O TE CONUTON OF NDIA saw,m ‘0F(>M OAEAH mm mm (WW) mmm ' mwm f§€1m ’ ; ammanam ' SB : Hon‘bie Shri l'v‘ianindra Mohan Shrivastava, J. 17-96-2911 Shri Somkan‘t Verma, cour‘sei for the petitioner. Shri SushH Dubey, Government AdVOcate for the State/respdndents on aovance copy. Learned counsel for the petitioner submits that when after the retirement of the petitioner, the epartment directed recovery on the ground that excess payment wee mad to the petitioner, a writ petition was tiied, whiCh was allowed avide 15/4i09 ' erein, it has been held that such an action of recovery could not be taken w‘ hout affording an opportunity of hearing and the order was set aside reservin liberty to the respondents to take recourse to Rule 65 of the Rules of 1976, if so advised, in accordance with law, after following basic principles of natur ijusticer Learned counsel for the etitioner submitted that though the amount recovered has been refunded, e basis on which the recovery has been made is stiil operated and ins ad of taking Rs8,900/— as the last pay, respondents have fixed thepe sion of the petitioner taking basic pay as Rs.8,700/—. He submits that aft r the order of the Court, this matter was brought to the notice of the Bloc' Education Officer vide representatton dated 10/5r'20'io (Annexure Pi4) but a propriate orders towards compliance of the Court order have not been passe tiii date. Learned State counsel su mits that the representation of the petitioner shall be duiy considered and ppropriate orders wili be passed by the competent authority in the light o order passed in WP. (8) No.196‘li’09. The petition is therefor finally disposed off with a direction to respondent No.2 to pass approp ate orders after seeking necessary sanction from respondent No.3 consideri g that the petitioner has retired long back‘ WWW—arm , ®P(> vwuw 20 mm mm(§af3a§u) WWW amMm WWW ' mwm‘éwm .— Q.— j $Wm The entire exercise shall be completed within a period of three months and necessary orders, in accordance wrth law, sh‘aii be passed. r3, :7 t Sd/— \ V \ Deereli' I e H ._ w 1 J‘“ \ > ranihdra Mohan Shrivasta i