COURT OF CHHATT1SGAM1 ATBILASPUR WRIT PETIT1QN (S) No. 3120 of2008 PETITIONER : Naad Kumar Diibey S/o Late Shri R.L.Dubey, aged about 70 years, Retired Upper Division Teacher, Govemment Natwar Higher Secondary School, R/o Baikunthpur Bawali Kunwa, District Raigarh (C.G.) VERSUS RESPONDENTS : 3. State of Chhattisgarh Through the Secretary, Departmeiit of School Educatioii, D.K.S. Bhawaii, - Mantralaya, Raipur Chhattisgarh. 2. Divisional Joiiit Director (Treasury Accoimts <& PeD.sion), Raipur Division, Raipur (CG) 3. Accountant Gesieral, CliliattisgarlL Raipyr (CG) 4, Govem,ni.e.?it Natwar Higher Secondary Multi Purpose School, Raigarh, District Raigarh (CG) througb. its Prmcipa.1. WRIT PETmON UNDER AR.TICLE 226 OF THE.CQNSTnTTngN QF.INDIA SB: Hon^Me Slm Satlsh K. Agnifeotri, J. Present: Shri R.T'ripathi, Advocate. fbr the petitioner, Slm Arun Sao, Govenmieiit Advocate for the State/respoiideiit No. l,2and4. •Q^RALORDER (Passed on 01st day ofJuly, 2008) 1. With the conse.nt of the parties, the matter is take?i up for hearing fmally. 2. The petitioner was imtially appomted on the post ofAssistant Teacher in the depailment of School Education and retired from the post of Upper Division Teacher from. Govt. Natwar Higher Secondary School, Raigarh on 30.04.1998 cn attamingthe age ofsupcrannuation. 3. : Tliereafter, a show-cause-fiotice was issued to the petitioner on 13.01.1999 (Aniiexure P/2) stating that balance of Rs. l,64,124/- is remaimng with the petitioner and why the sam.e should not be recovered from his retiral dues^ on accoimt of excess payment 'ITie petitioner replied to the show-cause-notice on 24.10.1999 (Annexure P/3), but the concemed authorities, without considermg the reply ofthe petitioner, ^322. 4. 5. ^ passed the impugned order dated 14.10.2004 (Annexure P/l) directing recoven7 of a sum of Rs. 1,64,124/BB from the G.P.F. amoimt ofthe petitioner. Thus, the petition.er has filed this petition seekmg quashmg of the order dated 14.10.2004 (Annexiire P/l). Sbri Tripathi, leamed coimsel appearing for the petitioner submits that the petitioner does n.ot want to contest the petition. on iB.erit and seeks pe.rmission ofthis Court to withdraw this petition with liberty to make representatioii before the aathorities concemed, whi.ch may be considered and decided in the iiAt of judgtiient' and order dated 3.8., 11.2005, passed m the matter of Vidyadhar Tiwari v. State of Chliattisgarh & Others1 and judgiBeut and order passed in the matter of Sant Kumar and others v. State of CMiattissarh & CXhers, (W.P. No. 2125/"2002), to which leam.ed counsel appearing forthe State/respondent No, 1, 2 and 4 has no objection. A.ccordmgly, the petitioii is dismissed as withdrawn with the above state'd libertv. No order asto costs. . Sd/- Satish K. Agnihotri Judge 1. 2006 (i) ivSPHT 105 (CG)