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2022 Supreme(Chh) 114

P.SAM KOSHY
Mahadev Yadav S/o Shri Kalesh Ram Yadav – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Jeet Ram Patel, Advocate.
For the Respondent:Mr. Ravi Bhagat, Dy. Govt. Advocate.

JUDGMENT :

1. Aggrieved by the Order dated 24.2.2022 (Annexure P-1), the present Writ Petition has been filed by the Petitioner.

2. Vide the impugned Order, the Respondents have ordered for recovery of certain excess amount paid to the Petitioner in the course of settlement of his retiral dues.

3. Facts of the case in brief are that the Petitioner stood retired from service under the Respondents with effect from 30.9.2021. He was holding the post of Dresser which is a Class-IV post. Some of the retiral dues of the Petitioner were paid to him somewhere in November, 2021. Respondents, meanwhile, have passed the impugned Order of recovery holding that the Petitioner has been paid an amount of Rs.9,828/- on account of certain excess payment made towards the leave encashment and that the said excess payment was on the ground of erroneous calculation being made by the Respondents.

4. Relying upon the Judgment of the Hon’ble Supreme Court rendered in the case of “State of Punjab and Ors. etc. v. Rafiq Masih (White Washer) etc. [2015 AIR SCW 501]”, learned Counsel for Petitioner assails the impugned Order of recovery stating that since the Petitioner already stands retired from service, the re

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