KUNTI BAI Vs. STATE OF CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) The petitioner was an employee of School Education Department and retired as peon on 31.10.2013. She has filed the instant petition challenging the order dated 19.09.2012 (Annexure-P/1) issued by respondent No. 4 i.e. The Principal, Government Secondary School, Manipur Ward, Ambikapur, whereby she has been directed to deposit an amount of Rs. 1,45,569/- which according to the said authority, was given in excess of her entitlement.

(2.) The case of the petitioner is that she was appointed as Chowkidar on daily-wages in the year 1976 and thereafter she was appointed as Peon in the year 1981 and accordingly her pay was fixed vide Annexure-P/2. Further case of the petitioner is that on 16.01.1990 she was regularised on the post of Peon and thereafter from time to time her pay-scale was revised as per Madhya Pradesh Revision of Pay Rules, 1999 and Chhattisgarh Revision of Pay Rules, 2009.

(3.) Counsel for the petitioner submits that while fixing the pay of the petitioner consequent upon revision of pay-scales, if any mistake is committed by some of the authorities, the petitioner cannot be held liable for the same as she had neither made any misrepresentation nor committed any fraud, and as such, at the fag end of her retirement no such recovery can be made. He submits that the petitioner was in lower rung of service and if such excess payment is allowed to be recovered from her, it would cause her far more hardship than the reciprocal gains to the employer. In support of his submissions, counsel for the petitioner placed reliance on various decisions of the Apex Court including that of Shyam Babu Verma and others v. Union of India, (1994) 2 SCC 521 and Sahib Ram Verma v. State of Haryana, (1995) Supp. 1 SCC 18.