LAWS(CHH)-2020-2-4

STATE OF CHHATTISGARH Vs. S.S. THAKUR

Decided On February 05, 2020
STATE OF CHHATTISGARH Appellant
V/S
S.S. Thakur Respondents

JUDGEMENT

(1.) Challenge in this writ appeal is to the order dated 11.04.2019 passed in Writ Petition (S) No.2778 of 2019 whereby learned Single Judge allowed the writ petition and quashed the order dated 25.03.2019 (Annexure P/1).

(2.) The facts of the case in nutshell are that, respondent/petitioner was employed as Sub-Inspector (M) as Class-III employee and retired from service on 30.06.2018. When the respondent/petitioner was holding the post of Sub-Inspector (M), he was granted the benefit of the first as well as the second time scale pay with effect from 01.04.2006 and 28.07.2008 respectively, and after retirement of his service, order dated 25.03.2019 (Annexure P/1) has been issued for recovery of the excess payment on account of erroneously awarding the time scale pay to the respondent/petitioner.

(3.) The order of recovery of excess payment (Annexure P/1) was challenged in Writ Petition (S) No.2778 of 2019 and after hearing both the parties, learned Single Judge allowed the writ petition by impugned order.