HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT FETITION (S) No. 1074 of’ZOO9 PETITIONERS : 1. Smi. Janabai Bansod D/o Shri Ukdoji Bansod aged abeut 64 years, Retired Assisiam Teacher, BEOCk Rajnaudgaou, District Rajfiandgaon (C.G.) 2. Smt. RAmbai Yadav w/o Shri Mangloo Ram Yadav, Aged 62 years; Retired haadmisi‘z‘ess, Block — Rajnandgaon, Distn'ct Rajnandgaon (C326) 3. Chunm’ial Mohbe s/o Shri Sukhlal Mohbe, age 61 years, Teacher, Retired Teacher, State Multipmpose Eigher Seccmdaiy Schoo}, District Rajnandgaon (C.G.) VERSUS RESFONDENTS : 1. Siam of Chhattisgarh Through Secretary. School Education Department DKS Bhawan, Raipur (C.G.) 2. District Eduea‘iion Officer. Rajnandgaou, Coilectorate: District Rajnandgaon (CG) 3. Biock Education Officer (Drawing 7 Disbursing OEcer) Rainandgaon. 4. Principal, ‘Siate Multipurpose Higher Seccmdary School, District Rajnaiidgaon (C.G.) 5. Divisional Joint Director. Treasury Accounts & Pension Depamneni, Raipur (C.G.) 6. District Ti‘easuiy Officer, Rajnandgaon‘ District Rainandgaon (CG ) ‘WR VT PETITION UNDER ARTECLE 226 OFITHE CONSTITUI‘ION‘OF INDIA 3E: Hon’bie Shri Satish K. Agnihotri, J. Presezit: Shri Anup Majumdar, Advocate for the petitioners. Shri Arum Sac, Government Advocate for the State/respondents. ORAL ORDER (Fassed on 25th day of February, 2009) By this petition. the petitioners have prayed for a suitable writ or direction to quash the orders (Annexure P/l Golly.) passed by the respondent No.5 directing for recovery of a sum of Rs. 54,111f—, Rs. 25,405f- and Rs. 3G,l80/- respectively from the retiral dues of the petitioners, because this amount was wrongly paid to the petitioners owing to incorrect fixation of salaiy. 2. Shri Majumdar, leamed counsel appearing for the petitioners submits that the issue asto Whether recovery of excess payment can be made without foliowing principles of natural justice is no longer res integra: the same has been settled by the Supreme Court in the matter of Sahib l////’ / \ Ram v. Stafe ofHar/vana and others}, and 1i1ither folbwed by this; Court i3 the matter of Wdyczdhar Tiwarz‘ v. The State 0f Ckham'sgarh & Ofherf anci Vidya Skankar Tiwari V. Siam of MP. Wow State of Ckhafe‘isgarh) and oa‘hers3. I1} the instant case, the impugnsed orders have hem passed Without mWorciiIag any oppm‘tunity 0f hearirxg to the petiiioners. Shri S210 does no: controvert the allegation that no opportunity of hearing was afforded before the impugned omers were passed However, e relies on Rule 65 of the Chhattisgarh Civii Services (Fension) Rules, 1976 (for short “the Ruies, 1976’) for the purpose of reoovery and adjustment of Government dues. The contentiori of the petitioners that even for exercising power under Rule 6S of the Rules; 1976, basic principles of natural justice and fair play iii action are required i0 be followed. In the present case, the State/authorities have not afforded any oppommity of hearing to the petitioners to put forward their ease asto why the deduction from the gratuity amount being excess amount cannot be made. The contention of the learneci counsel for the petitioners merits acceptance. This Court, in the case of Vz'clyadhar Tiwm‘z' (supra), has held that the » excess payment, if any, made to the petitioner, he was not at fault and the amount received by him might have been used by adjusting himself accordingly treating the same as his salary. At this stage, directing recovety of the alleged excess amount from the pensionary benefits/ gratuity amount ofthe petitioners will not be just and proper. in View of the foregoing, this petition is allowed in the terms of the order passed in the ease of Vidyadkar Tiwarz‘ (supra) i.e. the petitioners ‘ are entitled to full pensionary henefits/gatuity amount without any deduction. However, it is open to the respondents to take recourse to Rule 65 ofthe Rules, 1976, if so advised, in accordance with law, after b). x ‘1 1995 Supt: (l) SCC,‘ 20 \ ,V .2 . 200a (intent 105 (co) 3 2006: {2) MPHT 31 (CG) following basic principles ofnatural justice. No order asto costs. l i Sd/- l i Satish K. Agnihotri l l Judge