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2020 Supreme(Chh) 92

GOUTAM BHADURI
SHANKAR NARAYAN CHAKRAWARTY – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates Appeared:
H.B. Agrawal, Advocate, K.S. Pawar, Advocate, S.K. Kushawaha, Advocate, Akanksha Jain, Advocate, Ashwani Shukla, Advocate

JUDGMENT

Goutam Bhaduri, J. - Challenge in this petition is to the order of recovery of Rs.1,50,113/- which was sought for and was recovered after the petitioner retired on 01.06.2019. It is not in dispute that the petitioner retired after rendering the services as Headmaster, Government Primary School on 01.06.2019. It is contended that the petitioner was served with a notice after the retirement. Further to settle the pension of the petitioner for the first time after two months on 16.08.2019, the recovery notice was served by Annexure P-2. The petitioner contends that the said recovery was made by way of an arm twisting method as after retirement if the amount would not have paid, the further pensionary benefit would not have been given. Consequently, the petitioner was forced to make payment of Rs.1,50,113/- so that the pensionary benefit survives. It is contended that after the deposit was made, the action of the State respondents is under challenge as illegal and arbitrary. Learned counsel for the petitioner would submit that the ratio laid down in case of State of Punjab & Others Vs. Rafiq Masih (White Washer) & Others, (2015) 4 SCC 334 , clearly postulates the recovery of am

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