»• 3^^. ^,^.:;XI-HG—78 .lo^ sn^i w R-fiqi . HSH 3TT^?I"gTRN? 'S^ •^l'^K'l^, ®Dl^f'IS,fs«rll+1IJ,< NIN'PIT th*1|ch •Wi,200:1— sn^r 'T?^' (lci?^«f'i1^) ¥Biiw(rfpiai^r PETITSONER: -Ver RESPONDENTS: 4 3-2-2009:- Shri S.K. Thomas, counsel f4rthe petitioner Miss Sunifa Jain, Panet Law^ The petitioner retired on 31- attalning the age of superannuatic|n made representation in which he by the authority is not prot>< 6h(<i^*(ii *ii*f<rff "^f fST3t <Fn<^i< ^afipTsii^sr us- Keju Ram Yadav, S/o Late Shri Gopat Yadav, agsd about 61 years, Retired WARDER (PRAHAR!) from Centra! Jai! Ralpur (CG) R/o C/o Shri Rajju Choubey, i/3, Jail Line, Raipur, Tahsil and District Raipur (CG) The State of Chhattisgarh, Through Msntraiaya, D.K.S. Bhawan, Raipur (CG) The Director Genera! and Inspector Generai of Jail, Chhattisgarh, Raipur (CG) The Superintendent of Jaii, Central Jail, Raipur, Tahsil and Distrid Raipur(CG) The Joint Director, Treasury, Accounts and Pension, Raipur Division, Raipur, Chhaffisgarh Smale Bench: Hon'Ule Shri Dhirendra Mishra. J. er for the State/respondents. 1-12-2006 from the post of Warder (1) on i. After his retirement, the petitioner has |ias stated that the calculation pf pension However, he w^s informed by the prooer XI-HC—78 'S^f '*ii'iii<n<<, atfl'y'Ko, fadl'y^ *1(*<CTt ShHl^l "WI. 200 Sf^l TT^qT (1i?f35IS'ET) 311^1 ^il (<•<!•* ^'^V 3'TT^T gh*lich t^nwofe sn^ii -^- ^>i<i[ci4l'ri ^w^i "4 fs^ Tf^R^ ^T SfRlH 3Ili!iI respondent authorities vide Annexu pensionary benefite is to be mad ^e-P/2 that recovery of Rs.52,6<»/-from his 2 due to excess payment at the time of fixation of salary. Learned counsel for the pet|tioner submits that the aforesaid recovery has been made without affording s|ny opportunity of hearing to the petitioner, which is not permissible under the l^w. On the other hand. the resriondents in their return submitted that Rute 65 of the Pension Ruies, 1976 [for short 'the Rules, 1976'} provides for recovery and adjustment of Goveri|iment dues. Since the petitioner has been paid excess payment at the time 4? fixation of his salary, recovery of excess amount has been made vide Anhexure-P/2. !t was also argued that the petitioner himself has given und^rtaking/consent at the time of retirement State to recovei) Government dues from his pensionary have heard learned couns^i for the parties. The Hon'bie Supreme Coujt in the matter of Sahib Ram V. State of Haryana andothers1 and this Co^rt in the matter of Vidyadhar Tiwari V. The Stafe Qf Chhattisgarh & Others |held that the excess payment, if any, made to the petitioner, he was not at f^ult and the amount received by him might have been used by adjusting hii(iself accordingiy treating the same as his salary. At this stage, directing recjivery of the alleged excess amount from the pensionary beneflts/gratuity amo propsr. Even for the purposes of ^xercising power under Rule 65 ofthe Rules 11985Supp(1)SCC20 2a06(l)MPHT105(CG) |intof the petitioner may not be just and 1:1 »: '&. XI-HG—78 'S^I "4i'4i<r)-4, ytil'y'ie, fqc'ii'uy 311^1 'q^T (ijc|i^c(<^[) a?i^l w R-< ^13TI^?T »)+li<t) Bawe toarited 1976, basic principles of natural ?e followed. So far as contention of petltioner has given authorization to from the pensjonary benefits is coni respondents were duty bound to effecting recovery. For the aforesaid reasons, th' order passed in the case of Annexure-P/2 dated 22-2-2007 r^ beneffls on account of excess entitied to full pensionary benefits to the respondente, if so advised, 1976. in accordance wjth law and bs| counsel for the respondents that the recover amount against excess payment iterned, even after such authorization, the (fsilow principles of natural justice before paynfient vithout cM<{^'41l TTW?ff ^T t^Sl' <H*1-^.1< ^ aifipT an^fr ice and fair play in action are requirsd to ^ instant petition is ailowed in terms ofthe ^ar Tman (Supra). The impugned order of ^garding rscovery frwn the pensionary is hereby quashed. The petitioner is any deduction. However, it is open jo take recourse to Rule 65 of the Rules, jsic principles of naturat justice. ^^ —.._—^^i •^sss s s'y;":'Sis&