/^i. '^ ,.^'v" ^ C . -"'^, iS 1^3^*Et *; 'tssassxy' w ,'y (i^ WRIT PETI'nON (S) No. 4373of2008 jupta S/o Late S Gupta, Ag'ed about 67 years, P7o Viliage & (C.G.) ^7 1. State ofChhattisgarii Threugh : The Secretary- Tribal Welfare Department, D.K.S. Bfaawan, Raipur, District Raipur (C.G.) 2. Tiie Jomt Director, Treasuty, Aecountant and Pension, Bilaspur, District Bilaspur (C.G.) 3. District Educatioa QfEcer, Raigasli, Disfrict Raiaarh (C.G.) 4. Tlie Frincipal, Govt. IIigiier Secondary School Jatari, B3ock Pusour. District: Raigarh (C.G.) s^>'^:;<~. .< f^is.t.. S2iri Arun Sao, Govenmie.nt Advocate for the State/respondents. (Passed on 11 day of August, 200S) consent oftiie parties- the matter is taken up IV. The petitioner was appointed as an Assistant Teacher on 26.04.1960 in the respoadents department. The petitioner retired from sen'ices on attainuis the age of superaonuation on 30.11.2002. After his retirement, the petitioner received a ietter dated 31.01.2003 (Armeaire P/l) directmg recoveiy a sum of Rs.54,510/- on account ofexcess payment made to the petitioner. 2) Leamed counsel appeat-mg for the petitioner subniits 'uiat the petitioner was this order is vitiated for want ofcompliaace ofthe principles ofnaturaljustice and fair play in-action. Leamed counsel fart.her submits that there. is no fault on the part ot' the petitioner and the amouat is paid to him in accordaace with the pay seales, revised and fixed by the respondents from time to time. The respondents -2- cannot recover the amount, already paid to fhe petitioner after his retirement, too without followias the principles ofnatural justice. 3) Per counsel appearina for tlie r S/! it is true that no show cause aotice was given to the petitioner. Tbe communications made betw'een the ofBeers was endbrsed to the petitioner. The petitioner was aot called upon to submit liis explaaation for paynient of aileged excess ua 4) The respondeat-authorities have not followed the principles of natural of hearing to of oassina order iavolving civil consequences without show cause notice or wifhout affbrding an opportunity, is oondemned. 'ITiMS, 'this action ofdeducting Rs.54.510/- from retira} dues is bad o" .er was not a' Ul IIS 5) The Hon'ble Supreme Court in the case ofSarnb Ram Vs. State ofHaryana and others1 mpara 5 ofanymisr tff "5. However, it is not on made by fhe appeilant that the benefit ofhigiier pay scale was given to him but by wrong eoastruction made by the Prmeipai for which tlie appellaiit caiiriot be faeld to Be at inay not be rccovered froni the appellaiit. 6) The Hon'ble Supreme Court in. the c-^se of P. Tulsidas and ofkers v. .> Government ofA.P. arid others , observed that the benefit accroed earlier by wa5' ofgrant ofhigher pay or revised pay, cannot be taken away as the same is violative of Article 14 and 16 ofthe Constitution of'India beiaa arbitrary, 1 .! rt ." -- 1&95 Supp (l) SCC 20 2AIR2003SC43 a 1 7) This Court, in the case of Vidhadhar Ti-wari Vs. State ofCkhattisgarh & others has held that for the excess payment, if aay, made to the petitioner, he was not at fault and the amount received by him migbt have been used by adjusting hiniself accordingly treating the same as his salary. At ttris stage, directing recovery of tfae alieged excess amount from the pensionary benefits ofthe petitioner will aot be just and proper. ¥t In view ofthe reasons nientioned hereinabove, this petition is allowed. The impugned letter dated 31.01.2003 (Annexure P/l) directing reeovery ^ / -^/ ^ sum of Rs.54,510/- on account ofexcess payment made to the petitioner, is hereby quashed. The petitioner is entitled to fall pensionary benefits/gratuity amount without anv deduction. U' the amount has been recovered, petitioner is entitled to the said amount with interest at the rate of 6% aim.um.. However, it is open to the respondents to take recourse to Rule 65 of the Chhattisgarh Civi] Serrices (Pension) Rules, 1976, if so advised; in accordance with law fbllowing basic principles of aatural justice. No order asto costs. Sd/- SatishK. Agnihotri Judge Amt 2006 (1) MFHT 105 (CG)