SURENDRA SINGH Vs. STATE OF CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) The challenge through the present Writ Petition is to Annexure P-1 dated 06.02.2017 whereby the Respondents have issued an order of recovery for excess payment made to the tune of Rs. 7,06,149/- from the pension payable to the Petitioner.

(2.) Learned Counsel for the Petitioner submits that the Petitioner was working as Dealer Mechanic under the Respondents and retired from service with effect from 31.05.2010. The Petitioner was released with the pensionary benefits immediately. Subsequently, at a belated stage the Respondents have now issued the impugned order dated 06.02017 intimating that the Petitioner had been given a wrong fixation of pension for the period 01.06.2010 to 31.01.2017 and in the process an excess payment has been made to the tune of Rs. 7,06,149/- and ordered for recovery of the said excess amount at the rate of Rs. 8000/- per month from the pension payable to the Petitioner.

(3.) Learned Counsel for the Petitioner submits that the Petitioner is a retired employee and the excess amount paid was not on account of any misrepresentation or fraud played by the present Petitioner. The error if at all has occurred was on account of mistake committed by the officers of the Respondent. He submits that in the given circumstances recovery should not have been made by the Respondents and thus prayed for the Petition to be allowed so far as the recovery is concerned.