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2022 Supreme(Chh) 583

ARUP KUMAR GOSWAMI, SANJAY AGRAWAL
Bharti Devi Thakur W/o Late Shri Ram Singh Thakur – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ajay Shrivastava.
For the Respondents: Astha Shukla, Anand Shukla.

JUDGMENT :

ARUP KUMAR GOSWAMI, J.

1. Heard Mr. Ajay Shrivastava, learned counsel, appearing for the appellant. Also heard Ms. Astha Shukla, learned Government Advocate, appearing for the respondent No. 1 as well as Mr. Anand Shukla, learned counsel, appearing for the respondent No. 2.

2. Aggrieved by the judgment and order dated 05.08.2021 passed by the learned Single Judge in WP (S) No. 3836/2021, the appellant/ writ petitioner has preferred this appeal.

3. Case of the appellant, as projected in the writ petition, is that the husband of the appellant was working as an Upper Division Teacher and he died-in-harness on 07.01.2013. On his death, the appellant started getting family pension. Allegation is made in the writ petition that without any order and without any show cause notice, the pension amount was reduced and recovery at the rate of Rs. 9,896/- per month was started from June, 2021. On the basis of an application filed under the Right to Information Act, 2005 (for short the RTI Act), an endorsement was made to the appellant with a calculation-sheet that excess payment of Rs. 2,05,930/- was made to the appellant and accordingly, recovery of excess pension is being made at the r

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