mm ....................................-...............wt zoo ‘mm (W) mwm mmm mum m PL? WW“, :' $aima‘nést " “5i .ii F‘é‘ ‘is ~ a I Necessary facts for adjudication of This pefi’rion are ThaT The peTi’rioner was appoin‘red as Peon 3n The collecforafe r'aTe under The Tribal Welfare DeparTmenT, his se"vices were regularized on The posT of regular pe'on on 30.3.1992 an The peTiTioner reTired from The services on 30.6.2007. On 1.2.200 respondenT No.2 herein issued The impugned order of Annexure 1 whereby STaTemenT regarding enTiTIemenT of pension of The pe iTioner was furnished and by The same order a sum of Rs.54,548/- rom The pensionary benefits of The peTiTioner, amounTing To Rs.1,04, 26/—, has been deducTed on The ground of excess paymenT Learned counsel for The eTmoner submiTs ThaT The above deducTlon has been made In VIoIaTl n of The sTaTuTory pension rules as also in violaTion of principle of na ural ju‘sTice wiThouT affording any opporTuniTy of hearing To The pe iTioner. He furTher submiTs ThaT case of The peTiTioner is Squarely overed by The judgmEnT of Hon’ble Supreme CourT in The maTTer of S hib Ram Vs. STaTe of Haryana and oThers reporTed in 1995 Supp (1) CC 20, which has been followed by This CourT also in The maTTer of dhyadar Tiwari Vs. The STaTe of ChhaTTisgarh & oThers reporTed in 2006 (1) MPHT 105 (CG) wherein iT \has been held ThaT excess paymen made, if any, cannoT berecovered wiThouT following The principles of naTural jusTice fair play and WIThouT affording opporTunITy of hearing To The peTiTioner To puT WWWW—Fs/os—u/zoos—1 oo ooo ~ i 3?: W, WE, W mm 1a zoo >mm (m) mmm A’s,— forward his case. IT has been ft any, made fo fhe pe’ri’rioner‘, he received by him might have been u ’rr‘eafing The same as his salary. amounT of The peTiTioner will noT b On The oTher hand, learned ThaT she has insTrucTion ThaT no : peTiTioner before ordering deducT In view of The above; Tl (Annexure P-1) regarding recove ‘ benefiTs of The peTiTioner on accc peTiTioner, is hereby quashed. pensionery benefiTs/graTuiTy amOL ' iT is open To The respondenTs To T Civil Services (Pension) Rules, 197 law, following The basic principles cosTs. CerTified copy as per rules. mwifwm %ai1%ma11é¥u i rTher held Tha’r excess payment if was noT a’r fauh‘ and The amoum‘ sed by adjus‘ring himself accordingly 4f This sTage, direcfing recovery of The alleged excess amounT from The pensionary benefiTs/graTuiTy a jusT and proper. Panel Lawyer for The STaTe sUbmiTs 'how cause noTice was issued To The 0n. e impugned memo daTed 1.2.2008 "y of omounT from The pensionary unT of excess paymenT made To The The peTiTioner is enTiTled To full nT wiTh’oFuT any deducTion. However, ake recourse To Rul365 of The CG. 6, if so advised, in accordance wiTh of naTuraI jusTice. No order as To y i Sd/- Dhirendra Mishral Judge [z WWWW—FS/9s—1 1 /2oos—1,oo,ooo.