J l i HIGH COURT OF CHHATTISGARH: BILASPUR Writ Petition LS) No. 51 39 01f 2008 ’3ukhnandan Pradhan S/o Shn Kuber Chamn Pradhan aged about 62 years Baramkela D‘stt Ralgarh (CG Versus Siate of Chhathsgarh through the Secretary, Tnba! Weifare Department D KS Bhawan Distt Ralpur (CG) Petition‘er Rlo Post Mahawrpara, Sana Tahsu ) I ‘ 1 1 1 ' Respdddenfs I 1 Joint Director Treasurv Account & enston Bulaspur Diéérict vBikaspur P (CG) x District, Education Officer, Dian. Raig‘ami (CG). ,Accounmnt Generai, office of the Accountant General. Pandari, Raipur (ce). Raigarh, ' {Writ Petition under Artiele 226 of the Constitution of- indie.) $Ingle Bench Hon’bie Mr Satish K Agmhotrl, J Present . Shrr VweK Verma, counee! for the petitioner. Ms. Sunit'a Jain, Panei Lawyer for the State. ORAL ORDER (Passed on 15th day ef September, 2008) With the consent of teamed couneel appearmg for the parties the matter ls heard finally 2) The petitioner was initially appointed as a Teacher on 16-9-1 968 in the respondents department The petitioner retired from servmes on attaining the age of superannuation on 30—4-2008 After his retirement the petitioner received a ietter dated 8-5-2008 (Annexure PI1), directing recovery of a sum of Rs.15,21 Ol- on account of excess payment made to the petitioner. 3) Learned counsei appearing for the petitioner submits that the petitioner was not given any‘ opportunity to explain about the payment made to the petitioner. Thus, this order is vitiated for want of compliance of the i principles of natural justice and fair piay in—action.‘ Learned counsel futther ’ submits’thatvthere is no fauit on the part of the petitioner and the amount is paid to him'iniaco‘ordance with the pay scaies, revised and fixed by the , ' salary At this stage dlrectmg recovery of tlTe aneged excess amount from the pensronary benefts of the petitioner wul not be just and proper 9) i ln vrew of the reasons mentioned herernabove this petmon Is allowed The Impugned letter dated 8-5.2008 (Annexure Pl1) directing recovery a su' hereby quashed The petitioner Is entitled to full pensronarv benefts/gratult s amount Wlmout any deduction If the amount has been recovered th petitioner Is entitled to the said amount wrth rnterest at the rate of 6% per annum However It rs open to the respondents to take recourse to Rule 65 of the Chhattrsgarh Clvll Servrces (Pensron) Rules 1976 lf so advrsed m accordance wrth law followmg bastc principles of natural justice No order asto costs of Rs 15210/- on account of excess paymsnt made to the petitioner i Gowri y e m