WRIT PETITION tsmo.?256 OF 2009 SiNiaLE BENEH / Daras’ Ram KhunteH'S/o Late Shri Bhojram, aged :about 66 years, Retried Assistant . ' Teacher, Medha Pali, PO Bara / Piper, Police Station 8a Tahsil 9.9...u-5‘m‘ Dabhra Via Cnandrapur K Dlstrlct Janjglr Champa (CG) PETITIONER : Versus l. (State'of hattisgarh, Through the Secretary, Department of Schecl Education, D.K.S. Buiiding, Mantralaya, Raipur, (CG). 2.7 Jomt Dlrector i‘rcasury, Accounts 8r. Pens1on Bliaspur. D1V1smn Dlstrlc t B1laspur / (CG) District i Education 3. Off Janjgir—Champa (CG). WRIT PETITION UNDER‘ARTICLE 226 9F ?§£E CONSTITUTION ON INDIA ’ RESPONDENTS : “ Ch . icer, WRIT PETITION gS ) No.7286 of 2009 s am Khnt ' Dara R ue VRU ESS ‘ Stat fChtar & Oter e o hatisgh hs. WRI 1 PETIHON UNDER ART ILLE 226 01* HE CONSTITUHON OF SB Hon’ble Shrl Sansh K. A ‘ otrl J ' INDIA esent S B A D V (Jufu dhr At lL fo he fr e tmr sponets Pr. Shu hrl Sna dvocae ’ r t o State/redn th peone (Passed n 2 a o anary, 21) o S dy f Ju 01 e p10ne we or s ss1st c etigeQ‘ 00111 1 h ett1r, hll wkmg a Aant Teaher, r serv1ce on 3 att he a supezihon The eor s g or at hereunder a m of /- as e ed fr s ens1onary fts, ol ; t e s paymet ma petltloner during the orse ofhisserice cu 'v Acordmg to the learned counsel pparmg fr the petlt gned recovry h b made wtt aE opportumty hrmg o petmoer and turther t wheher recovy o eess pym an be d fwmg mces of ntal Just 1s n nger res m I same stl t preme Cout e ter ofSahzb ’ ‘a Sa ad e urer owed by thrs ourt the matte dahar a e State of Chha & hes d d Shana r State ofMP (No tate ohaarh an or/3' t followed 1n evl deelsons sera r s rt aana Kup tate o thers and ot ncte t rv as ner 0 4 2005 on ammg t ge of rannu ptrune 1 agwved by the der ded 24 4 2006 w su Rs 39 286 h ben deduct om h1 p benei hdmg 11 o b exces n de to the e ae o mner the- 1mpu e as een thou ordmg an of ea t the n he 1ssue asto t er f xc aent c mae Wlthout , ollo prrpl aur lce o lo tegra the has been eted by he Su r 1n th mat Rm v tte of Haryana n othrsj and fth foll C m r of Vyd Tzwn v Th msaarh Otrz an Vya kr Trwat v w S fChttzsg) d the3 and thereafer n ea runm abo rs 1 1995 pp 1) scc 18 Su ( 2 0PHT G 200 (/rpm 3 (C 20 (3) GL HIGH COURT OF CHHATTISGAKH AT BILASPUR PETII‘IONER RESPONDENTS ORDER ORAL Thr Cou 1n Pmchdr ur v S f C G & O her coned maters obseed ud “19 A commo thrd ng mto the ve decrson of the Supreme Court rs 2061(1)M 105 (C) 3 6 mt: 1 G) ‘ 4 10 CJ 400 that, for recovery of excess payment of emoluments/allowances, there are three conditions wherein the excess payment may, be recovered, namely (i) excess payment was made on account of misrepresentation or fraud on the part of the employee, (ii) 1he employee had knowledge that the payment received was in excess, and (iii) the error was corrected Within a short span oftime Of wrong payment. . . ." Leanred counsel appearing for the State/respondents does not controvert the submissions made by learned counsel for the petitioner and submits‘that this matter may be disposed of in the same terms. In View of the foregoing and as admitted by learned counsel appearing for the parties. this petition is disposed of in the terms of the order passed in the casé‘of Ramchandra Kurup4. Le. the impugned order dated 24.4.2006 regarding recovery of amount h‘om the gatuity and other dues of the petitioner on account of excess payment is hereby quashed. The petitioner is entitled to till] pensronaty benefts/gratuity amount Without any deduction If the amount has been recovered, the petitioner is entitled to the said amount With interest at the iate of6% per annurn. However, it is open to the respondents to take recourse to Rule 65 f the Chhattisgarh Civil Services (Pension) Rules, 1976, if so advised, in accordance with law, after following basic principles of natural justice. It is thither made clear that in the event before recovery ofthe alleged excess, payment was made, a show cause notice was issued and reply was filed by the petitioner to the same the case of the petitioner may not be treated to be covered by the fhs Court Rmcna p deCiSion oti in ahadr Kum o