^ v^s^s ^- ra^i ^r Ere^°,aEf3"1^ 9WKLE BENCR <^ c^ IN THE HIGH COURT OF CHHATTISGARHAT BILASPUR W.P.(S)No. ^SM OF 2011. PETITIONER y (y.. ./o. ^^ c? '.•-•y/^>'' '^.y^y ^ ^•\.^' .•••' S*" •4" .-' ,J?' (I?" / y ^F\ ..-•'' A- Thanwar Ram Dhanakar, S/o. late Shri Bihari Ram Dhanakar, aged about 66 years, Retired Head Master, R/o. Village Bargari-Nawapara, Block Charama, District Kanker (C.G.). ,<s^- VERSUS RESPONDENTS :1 / State of Chhattisgarh, Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C. G.) 2. Block Education Officer, Charama, Block Charama, District Kanker (C.G.) ^ .K' WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA The petitioner named above begs to submit as under:- 1. PARTICULARS OF THE PETITIONER: As given in the above cause title. ^ HIGH COURT OF CHHATTiSGARH AT BiLASPUR 'WRJT PETiTSON (S) No. 2341 of2011 PET!TiONER !> i'ianwar Ram Dhanakar \/CpQf |C L—i•vs-i.-f'k- 1RESPONDENTS 'he Staie of Chhattisgarh & another \A/RET PFT!TiQ^t E !htHFR' £pT!r^iF 9'7^/997 F'.F Tt-IF /~T'Ki.^T!T! ;T!r'.M ^? VVF^i i ~}Z. ; E i i<^-.['i\ ^.'rtL./c^r^ .•—LP\i r'urL.c z^o/.^^;' ^T ? FiE^ \^\^'f^o ) u o' f ii->T>* ^-/r lNUiA+ i: Hon'ble Shri Satish K. Acinlhotri. u Present: Shri Somkant verma, Advocate for the petitioner. Shri Sushii Dubey, G.A. forthe State/respondenfe 2. (Passed on 2"a day of May, 2011) Sy this oetition, the petitioner seeks a direction to the respondents to refund the amount of Rs. 37,875/- to the petitloner and to grant consequentiai reiief of payment of retiral dues penslon etc. without deduction. Shri Verma, learned counsel aDpearing forthe petitioner submits that the petitioner, while working as Head MasSer, retired on attainina the aae of superannuation on 31.07.2006. Shri Verma further submits that th< petltioner was directed to deposit an amount of 'J''.y75/1. for tiie alleaed excess pavment made to the petitioner v/ith regsrd to second kramonnati which was depositsd bv the petitioner on 13.12.200( (Annexure P/2). According to Shri Verma, the impugned recoverv has been made without affordina an opportunity of hearing to the petitioner, and further, the Issue asto whether recoverv of excess pavment can be made without foHowina princiDies of natura! justice is no lonaer res integra. the same has been settied "^1's^ ^f Alne Supreme Court in the matter of Sahib Ram v. State of Haryana and otliers , and further followed by this Court in the. matter of Vidvadhar Tman v. The State of ' 1995 Supp (1) SCC 18 niis^iBsu ^h.^StSffiSfekSBSteteeafi -s- ^. 'iya Chha ,sgarh & Other^ and Vidya Shankar Tmari v. State of M.P. (Now State of Chhattisgarti) and others3 and thereafter foiiowed in severa! decisions. This Court In Ramchandra Kurup v. State of C.G. & Ot'nsrs and other connectsd matters. observed as under: "19. A common thread running into the above declsions ofthe Suprsme Court is fhat, for recovery of excess payment of emoluments/ailowances, ther® are three conditlons wherein the excess payment may be recovered. nameiv (Pi excess oavment was made on account of misrepresentation or fraud on the part of the empioyee, (ii) the employee had knowledge that fhe paymsnt rsceived was in excess, and (iii) the error was corrected within a short soan of time of wrona payment......" Learned counsel appearing for the State/respondents does not controvert the submissions made by learned counsei for the petitsoner and submits that fhis matter mav be disposed of in the same terms. In view of the foregoina and as admitted bv learned counsel appearina for the parties, thls petition is disposed of in the terms of the order passed in the case cf Ramchandra Kurup . i.e. the petitioRer Is entitied to full pensionary benefit without any deduction. If the amount of Rs. 37,875/- has aiready been recovered, the petitioner is entitied to refund of the said amount. However, it is open to the respondents to take recourse to Rule 65 of the Chhattisgarh Civil Services (Pension) Ruies-1976, ifso advised, in accordance vvith !aw, after foliowing basic principies of natursi just'ice. 2 2006 (1) MPHT 105 (CG) 3 2006 (2) MPHT 31 (CCr) 4 2010 (3) CGLJ 400