S.K. JANGDE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ petition is to the impugned order of recovery dated 31.10.2019 whereby the respondents have issued a notice of recovery of an amount of Rs. 3,07,928/-. The said recovery is in respect of certain excess payment made to the petitioner while in service.

(2.) The facts relevant for disposal of the present writ petition is that the petitioner was initially appointed under respondents as Circle Organizer in the year 1999 and in due course of time got promotion to the post of Block Education Officer on 29.08.2013. The petitioner on working on the said post got retired from service on attaining the age of superannuation w.e.f. 30.06.2019. Subsequent to four months after the date of retirement the respondents have issued an order of recovery dated 31.10.2019 whereby the respondents have ordered for recovery of an amount of Rs. 3,07,928/- from the dues payable to the petitioner and respondents have cleared retiral dues payable to the petitioner only after adjusting the aforesaid amount of 3,07,928/-.

(3.) Counsel for the petitioner submits that it is a case where an excess payment has been made long before the petitioner has retired in the year 2006 on account of certain erroneous fixation of pay given to the petitioner. According to the petitioner the respondents if at all find any erroneous fixation of pay they could have only carried out rectification part without making any recovery and impugned order therefore is bad in law. Further contention of the petitioner is that there was no misrepresentation or fraud played by the petitioner for obtaining the same and excess payment if at all received by the petitioner is on account of fault on the part of the respondents and petitioner having bonafidely consumed the same, recovery proceedings should not had been initiated by the respondents.