ll" ^cips^ 'j^-^s- ^j^r^ y^ ^3^^VI r3H Tf3^ ;^^?^Q jg TT^^ 3-fo-1 0/Q ' "^OOO 3-^'^) Vj^MVg ATW^ • ;i;i :8|i ndsvTa :HyvssiiivHHo ^o isnos HOIK ay ;:^ ^t ,^-f v Vi "^~1P^^] •'ft- ' ,A ..^L.-dl____ HiGH COURT QF CHHATTiSQARH:,Bi!-ASPUi Wrif Pci Amrcck Singh Carowcl, S/o. LaSo Shr; Sher !R—G.'srewai—Retci—yesfj—Mnritnr 4flg? •fi^p?rp .yighor Sccondar/ Schoc!, Ra'pL;', 3ged sbout 66 ident. 'if\/. i \^t \^~Tf~r S-Ji.Ctaon Sguate—Nsar—Radha —K'ichnG—Mami ^wsr'^iri^w^-r^ .Rr-ni ;r..^;r^- F^rti 1 L i^^^ii.rit^ut-k Irft, t t.^^EfhJ'^ S ^ ^^V^~T7 '.. ResDondents Versus 1) State of Chhattisgarh Shrough Secretary, Department of School Education, Mantralaya, D.K.S. Bhmran, Raipur. ^-i ;_•'•)c^i.Ul, ? cm; "UDIIC sucaiiOn ueparsmeni. Mg.ntrslsys, D.K.S. Bhswsp; Ra'pur. 3) Secretary, Genera! Administration Department, Mantrslava, D.K.S. Bhawan, Raipur. 4) Coltector, Raipu' (CG). (Writ Petition under Article 226/227 ofthe Constitution of india) SB: Hon'bSe Mr. Satish K. Agnlhotri, J. Shr ynhr AshokSoni, counse' forthe petitioner. A.S. Kachhawaha, Dv. Ach'ocaie Generai fcr the State. * 'Passed on 27" lUiarch sy this petition, the petitioner iffipugns the order dated 14-2-2002 (Annexurs P/4), whereby a sum of Rs. 53,512/- has been directed to be deducted from the retria! dues of the petitioner. 2) ' Undisputed facts, 'm the present case, ars that initially the petitioner was appolnted as Lower Division Teacher. in the Municipai Council, Raipur on 26-7-1958 and he weas absorbed in the Schoo! Education Department on 1-1.0-1963. Thereafter, the petitioner was promoted on the post of Upper Divlsion Teacher on 15-9-1973 and was further promoted on the post of Head Master on 22-2-1988. On 30-11-2001 the petitioner, while working as Head Master.refired on attaining the age of superannuation from the Rr'" ^ - '2.- sen/ices. The petitioner received communication order dated 14-2-2002, whereby it was directed that a sum of Rs.53,512/- be deducted from the pensionary benefits. 3) The petitioner has fiied this petition praying that ths Smpugned order dated 14-2-2002 (Annexure P/4) deducting a sum of Rs. 53.512/- from the pensionary benefits of the petitioner without affording an opportunity of hearing to put forward case of the petitioner, to the petitioner is iilegai, arbitrary and unreasonabie. 4) Learned counsei appearing for the petitioner submits that ihe case of the petitioner is squarely covered by the order dated 17-11-2005 passed by this Court in the matter of Vidyadhar Tiwari Vs. The State of Chhattisgarh and others (1) (CG) 105} Learned counsei further submlts that this petition may be disposed of in the same terms. 5) Learned counsei appearing for the State/respondents does not disputs the submissions made by iearned counse! appearing for the petitioner and has no objection, if thi's petition is disposed of in the same terms. 3) The petition is accordinglv ailowed in the same terms l.e.. the impugned order dated 14-2-2002 (Annexure P/4) directing rscovery of the amount ailegedly paid to the petitioner in excess, is hereby quashed. The oetitioner Is entltied to fuli Densionarv beneflts without anv cieduction. The amount so deducted be oaid to the oetltloner wlth simois interest. However. iiberty is resewed to ths respondents, if so advised, to tate appropria.Se steps after compiying with the principtes of natural justtce in accordance wlth Ruie 65 ofthe Chhattisgarh Civii Sereices (Pension) Ruies, 1976. No order asto costs. Sd/- . Satish' K. .Agiuhotri Judge isiiril