PARMESHWAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioners impugn the orders dated 31 -3-2006 (Annexure P-l), 30-5-2006 (Annexure P-2) and 7-6-2006 (Annexure P-3) whereby an order to make recovery of the excess payment made to the petitioners, was passed.

(2.) The indisputable facts, in nutshell, are that the petitioners were appointed on the post of Assistant Teachers on probation through proper selection on 4-8-1993 (Annexure P-5). After completion of two years, the petitioner No. 1, by order dated 1-11-1999 (Annexure P-7), petitioner Nos. 2 to 5, by order dated 13-2-2006 (Annexure P-8) and petitioner No. 6, by order dated 20-9-2005 (Annexure P-9) were granted regular pay scale. All of a sudden, without issuing any show-cause notice, a recovery order in case of petitioner No. 1 was passed on 31-3-2006 (Annexure P-l) after a period of about 7 years, in case of respondent Nos. 2 to 5 on 30-5-2006 (Annexure P-2) and in case of petitioner No. 6, on 7-6-2006 (Annexure P-3) within a period of 9 months.

(3.) Learned Counsel appearing for the petitioners submits that the petitioners have not made any misrepresentation or fraud. The petitioners have been granted the benefit of regularisation, which even otherwise the petitioners are entitled to after completion of probation period. Further, the petitioners have utilized the said amount for up-keep of their families. The petitioners have no knowledge that the payment received was in excess or were wrongly paid or there was any error in payment.