TULSI RAM BAGHEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The order under challenge is the order of recovery dated 29.11.2018, whereby the respondents have passed an order for recovering an amount of Rs. 72,273/- for an excess amount of payment made to the petitioner during the period 01.04.2007 to 31.05.2018.

(2.) The counsel for the petitioner submits that the petitioner is a low paid class-III employee and is working as a Timekeeper under the respondents and that there is no false representation or a fraud played by the petitioner while getting the alleged excess payment so made to the petitioner. He further submits that the said excess payment is impermissible under law for being recovered in the light of the judgment of the Hon'ble Supreme Court in the case of "State of Punjab and others etc. vs. Rafiq Masih (White Washer) etc." reported in 2015 AIR SCW 501. Thus prayed for setting aside/quashment of the impugned order of recovery.

(3.) The State counsel, however opposing the petition submits that it is not a case, where the petitioner has already retired from service, rather it is a case where he is in service and therefore, if at all, if the petitioner has been paid excess than what he was otherwise entitled for, the respondents were entitled for recovering the same and therefore the impugned order does not warrant interference.