LAWS(CHH)-2021-10-50

CHINTAMANI RATDE Vs. STATE OF CHATTISGARH

Decided On October 08, 2021
Chintamani Ratde Appellant
V/S
STATE OF CHATTISGARH Respondents

JUDGEMENT

(1.) Since common question of law and fact is involved in the present batch of writ petitions, they are being heard together and are being disposed of by a common order.

(2.) The petitioners in this batch of writ petitions are challenging the legality, validity and the correctness of the order dtd. 02.08.2014 (Annexure-P/3) passed by the respondent No.2, whereby the excess amount paid to the petitioners has been directed to be recovered.

(3.) Mr. S. K. Kushwaha, learned counsel for the petitioners, would submit that initially the petitioners were appointed on the post of Peon and thereafter they were promoted to the post of AG-III vide order (Annexure-P/2) passed by the respondent No.2 under the Chhattisgarh Public Service (Promotion) Rules, 2003, but subsequently vide order dtd. 02.08.2014 (Annexure-P/3) passed by the respondent No.2 itself, the order of promotion (Annexure-P/2) has been cancelled/annulled and the recovery of excess amount already paid to the petitioners has been directed against the petitioners without giving any opportunity of hearing to the petitioners, which is in violation of principle of natural justice. He would further submit that no fraud or misrepresentation has been played by the petitioners and if the benefits have wrongly been granted to them, the same cannot be recovered and their case is covered by the law laid down by the Supreme Court in the matter of State of Punjab v. Rafiq Masih (White Washer) and Others, (2015) 4 SCC 334. He would next submit that the similar issue has been considered and decided by this Court on 04.01.2016 in WPS No.4290/2013 in between Ram Krishna Sahu vs State of Chhattisgarh and others and other connected mattes.