—78 3fI^T W Kt-) '^S?T 371'^?! sfi*^ ^•? "S^ •*lWWi, SSltli+f*IS, fat<31'Mti< ^^^-^ils:---^20og sn^r"qg^ (ipjg^tf) '^nw^Bsn^i <=f>E<ff?I<4lT 'RT^f ^f ^^ t^T^K ^; atfiiT sn^sr PETITIONER: -Versus- RESPONDENTS: 1 3. 5.1 Radheyshyam Shukla, son of Shri Vishnu Datt Shuk!a, aged about 62 years, retlfed Headmaster, R/o Piot No.06, P & T Colony, Rohanipurarr!, Raipur (CG) The State of Chhattisgarh, Through Secretar/, Departmsnt of Schooi Education, D.K.S. Bhavan, Raipur (CG) The Divisional Joint Director, Treasuries, Accounts and Pension, Raipur (CG) The District Education Offlcer, Raipur (CG$ The Biock DevetoDment Education Officer, Dharseeva, Ralpur (CG) The District Treasury Officsr, District Raipur (CG) (Writ Petition under Artici^ 226 of the Constitution of India) ing!e Bench: Hon'bie Shri Dhirendra Mishra, J. Shri Sameer Behar, counsel ft?r the petitioner. Shri Arun Sao, Govt. Ad'/ocat^ for the State/respondente. The respondents were allowfed severai opportunities to file return, but no return has been fiied bv the resD^ndents/State. By the instant petition, ths pe|itionsi' has impugned the order dated 31 °• Juiy, 2008 (Annexure-P/1) passed fc|y respondent No.2 whereby recovery for a ^' 'S^'^W^WW, Qnl-M'Ko, (afdl'My *n*<?(f <»«««(> "W( 200 sn^t 'tRW ('pfy^w; Sli^I Tl ft-f1* '^SH 3?T^T ss^ ¥8iniTflftif anin li.SesSSCe-~IKafa.'.-'.-': aive '•BwfCTqtl WRff 4 fg<^ <E«1(^1( ^'affittian^r frttowards excess »tt»@-SamSIBagW^rrt-ecoveredfrom ^is retira! benefits. .^'^^T'^Q^ Lea(Tigi^,.coypsel for the peti: satary paid to him has been ordered and tioner submitted that the said recoven/ is irratlona!, unfair, uniawful and withcjut affording any opportunity of hearing to the petitioner agaiast the principie^ of natura! justice, as the petitloner was retirsd on 31SI May, 2008 while jlie was posted as Headmaster in ths Government Middle School, Heerarfur, Biock Dharseeva, District Raipur (CG). . He further submltted that the instan^ case is squarely covered by the judgment in the matter of Vjdy'adhar Tiwari ^. State of Chhattisgarh & Others . He further submitted that the above arrjount has been illegaily recovered from his retiral dues vide Annexure-P/5 (Sated 24-9-2008 and the pension was calcuiated on the basis of reduced pfey scaie. Having heard Searned couns^i for the partles, having regard to the fact that the abov®recovery has been ijiade from the salary of the petitioner after his retiremerj} {hat too without a^ording any opportunity of hearing to the petitioner and relying upon the ju^gment in the matter of Vidyadhar Tiwari (Supra), 1 am of the opinion that thejorder of recovery cannot be sustained and according!y the same is set aside.g' It is directed that the respondents'State shaii refund recovered sum of Rs.3g,355'- with interest @ 6% per annum from the date of recovery. it is furth^r directed that the pension case of the petitioner shall be. re-processed ancj accordmgly, the pension shall be flxed. Sd/- DhirendraMishra Judge