CHHAMAN DEVI DESHMUKH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to the order dated 18.02.2019. Vide the said order, the respondents have initiated a recovery proceedings against the petitioner for an amount of Rs.79,432/-.

(2.) The contention of the petitioner is that the impugned recovery order is bad in law for the reason that the said recovery otherwise is impermissible under law. According to him, the said recovery is made on account of some alleged erroneous fixation of pay which was given to the petitioner way back in December, 1998 onwards. The petitioner, in any manner, is not responsible for the alleged erroneous fixation. Neither has she made any misrepresentation or played fraud for obtaining the said excess payment. The said order is also bad in law in the light of the decision of the Supreme Court in case of State of Punjab and others etc. vs. Rafiq Masih (White Washer) etc. reported in 2015 AIR SCW 501.

(3.) The State counsel on the contrary trying to justify the decision submits that after the petitioner having retired from service and when settlement of dues were being made it was detected that the petitioner has been erroneously granted wrong fixation of pay in December, 1998 and on account of which she has been paid excess payment of Rs.79,432/-. He further submits that the petitioner otherwise was not entitled for receiving the said amount and therefore the department had no other option but to recover the excess amount from the dues payable to the petitioner on her retirement.