ASHOK KUMAR PANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ petition is to the notice of recovery dated 19.09.2020 whereby the authorities have initiated recovery of an amount of Rs.2,00,840/- to be recovered from the retiral dues payable to the petitioner.

(2.) The facts of the case is that, the petitioner working on the post of Assistant Sub Inspector under the respondents retired from service on attaining the age of superannuation on 31.08.2020. Subsequent to the retirement of the petitioner, in the course of deciding release of retiral dues, the respondents have ordered for recovery of aforementioned amount of Rs.2,00,840/- from the retiral dues payable to the petitioner.

(3.) The contention of the petitioner is that the said amount of excess payment is made to the petitioner on account of an erroneous fixation made by the department which otherwise he was not entitled for. According to the petitioner, since he is a Class-III category employee and that the entire recovery is being made from the retiral dues of the petitioner, that which is impermissible under law. Further, before issuing recovery notice from the retiral dues the petitioner has never been called upon to give any explanation or any thing as such and for this reason also the order impugned deserves to be interfered with. The petitioner relied upon the judgment of Supreme Court in case of State of Punjab and Others etc. Vs. Rafiq Masih (White Washer) etc. , 2015 4 SCC 334 in support of his contention.