2026:CGHC:7003 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5217 of 2017

1 - Jirmaniya Bai Wd/o Late Pitambar Ram, Aged About 63 Years R/o Village Narmadapur, Post Office Narmadapur, Mainpat, Surguja, District Surguja, Chhattisgarh, Chhattisgarh Digitally signed by PAWAN P K A U W M A A N R KUMAR Date:

2026.02.10 ... Petitioner(s)

11:22:50 +0530 versus

1 - State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District Raipur, Chhattisgarh, 2 - District Education Officer, Ambikapur, District Surguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh

3 - Deputy Treasury Officer, Sitapur, District Surguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh

4 - Block Education Officer, Mainpat, District Surguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh

5 - Collector, Ambikapur, District Surguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh

6 - Assistant Director, Treasury, Accounts And Pension, Office Of Divisional Joint Director, Treasury Accounts And Pension, Division Ambikapur, District Surguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Shashwat Mishra, Advocate For State / : Mr. Ghanshyam Kashyap, Dy. GA Respondent(s)

Hon’ble Shri Justice Sachin Singh Rajput

Order on Board

09/02/2026 This writ petition has been filed by the petitioner claiming following reliefs :

i] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders directing the respondent authorities to disburse the entire retiral benefits along with the interest within a stipulated period of one month and they may further be directed to finalize the pension case of the petitioner within a period of one month and the arrears of pension from August, 2016 to September, 2017 may kindly be directed to be disbursed with interest within a further period of one month.

Ii] That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.

2. Learned counsel for the petitioner submits that the petitioner retired as an Assistant Teacher from Primary School, Bardand Para, Mainpat, District Surguja, Chhattisgarh, on 31.07.2016 upon attaining the age of superannuation. However, her admissible retiral dues were not paid, compelling her to file the present writ petition seeking the aforesaid relief. He further submits that subsequently the petitioner came to know that certain recoveries had been effected from her retiral dues on the ground of alleged excess payment made to her due to wrong fixation of pay scale during her service tenure. It is contended that no recovery order or show- cause notice was ever served upon the petitioner in respect of the said recovery. He submits that the petitioner, being a Class-III employee, cannot be subjected to such recovery in view of the law laid down by the Hon’ble Supreme Court in State of Punjab and others vs. Rafiq Masih (White Washer) and others reported in (2015) 4 SCC 334. He further submits that the said principle has been subsequently followed by the Hon’ble Supreme Court in Thomas Daniel vs. State of Kerala and others reported in 2022 SCC OnLine 536. Thus, it is prayed that the amount of Rs. 15,68,909/- recovered from the retiral dues of the petitioner be directed to be refunded/paid to the petitioner by the respondents.

3. Learned counsel for the respondents opposes the submissions made on behalf of the petitioner and submits that the petitioner was paid excess salary on account of wrong fixation of pay scale from 01.01.1986 till the date of her retirement. It is contended that when the said mistake came to the notice of the authorities at the time of assessment of the petitioner’s retiral dues, the excess amount so paid was recovered, which is duly reflected in the Pension Payment Order issued to the petitioner, Annexure