'^, Petitioner HIGH COURT OF CHHATTISGARH AT BiLASPUR Writ Petition No. 1623 of 2006 Kuber Charan Pradhan, Aged about 65 years, S/o Late Shri Raj Mohan Pradhan, R/o Viiiage and Post Sariya, Tehsil-Sarangarh, Dist: Raigarh (C.G.) Respondents Versus 1. 2. 3. 4. 5. State of Chhattisgarh Through-The Secretary, School Education Department, D.K.S. Bhawan, Raipur, Dist: Raipur-(C.G). The Joint Director, School Education Department, Division Bilaspur, Dist: Bilaspur-(C.G.) The Joint Director, Accounts Treasury and Pension, Bilaspur-(C.G.) The Coiiector, Dist: Raigarh (C.G.) The District Education Officer, Raigarh, Dist: Raigarh-(C.G.) WRiT PETITON UNDERARTICLE 226 OF THE Hon'ble Justice Shri Satish K. Aanihotri Present: Mr. Sanjay Patel, Advocate for the petitioner. Ms. Sunita Jain, Panel lawyer for the respondents/State. ORDER (Passed on this 7th dayof May, 2007) 1. JVlr. Sanjay Patel, iearned counsel appearing for the petitioner as weli as Ms. Sunita Jain, iearned Panel iawyer appearing for the respondents/State jointiy submit that the facts and question of !aw involved in the present writ petition are the same to that of in W.P. No. 3212 of 2004 (V'idyadhar Tiwari vs. The State of Chhattisgarh & others), which has been allowed vide order dated 18.11.2005. 2. In view of the above stated submission made by learned counsel appearing for the parties, the writ petition is allowed in the same terms. The impugned order dated 28.5.2004 (Annexure P/4) is quashed and the respondents are directed to refund the amount, if B/- any, recovered pursuant to the order dated 28.5.2004 from the petitioner. This order shall not come in the way of the respondents/authorities to take any action, if so advised, against the officer who are responsible for making p^yments, if any, to the petitioner; concerned. No order as to costs. i Sd/- j Satish K.Agnihotri Judge