SMT. GEETA BAI WAMAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The petitioner's husband namely late Itwari Ram Waman died in harness on 18.09.2014 while working as Non-Medical Supervisor (NMS). During his lifetime, a pay fixation order was issued on 109.2012 and accordingly, he was granted pay in accordance therewith. However, after his death, an order was passed on 09.12014 (Annexure P/2), for refixing the pay and directing recovery of the excess amount paid to the petitioner's husband. By subsequent order dated 13.07.2015 (Annexure P/4), a sum of Rs.2,17,035.00 is sought to be recovered for the reason that the said amount was paid in excess to the petitioner's husband.

(3.) Relying on the judgment of Supreme Court in the matter of Sahib Ram Vs. State of Haryana and others, 1995 Supp (1) SCC 18 which has been followed by this Court in the matter of Vidyadhar Tiwari Vs. The State of Chhattisgarh and others, 2006 (1) MPHT 105 and Ramchandra Kurup Vs. State of C.G. & others, 2010 (3) CGLJ 400, learned counsel for the petitioner would submit that recovery of excess payment cannot be made without giving any opportunity of hearing when payment has not been obtained by an employee by committing fraud or misrepresentation.