MANIK CHATTERJEE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ petition is to the order (Annexure P-1) dated 24/05/2018 whereby the respondents have initiated recovery proceedings against the petitioner for an amount of Rs. 6,30,762/-. The said recovery was on account of certain excess payment that were paid to the petitioner during the period 01/07/2007 to 31/12/2015.

(2.) The contention of the petitioner is that in the instant case the petiitoner was working as Professor under the respondents and stood retired from service on 31/12/2017. The impugned order has been passed after about 5 months from the date of retirement. The recovery is in respect of erroneous fixation given to the petitioner during the period July, 2007 to December, 2015. The contention of the petitioner is that the petitioner is not in any manner responsible for the alleged benefit of wrong fixation that he has received. The contention of the petitioner also is that the petitioner for receiving the same has not made any misrepresentation to the department and that the alleged erroneous fixation if at all paid to the petitioner was on account of fault on the part of the officers of the respondents and thus prayed for the quashment of the same.

(3.) State counsel on the contrary defending the action of the respondents submits that it is a case where the petitioner has been paid something which otherwise he is not legally entitled for under the service rules. According to the State counsel once when the department has detected the error so far as the erroneous payment is concerned, respondents have every right to recover the same from the petitioner and thus prayed for rejection of the writ petition.