2025:CGHC:59618 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 143 of 2020 Arvind William S/o Late John William Aged About 63 Years (Retired Hand Pump Mechanic, Public Health Engineering Department) R/o Happy Home, Ghatapara, Near Oxford School, Pandraroad, District Digitally signed by AJAY KUMAR DWIVEDI Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, ... Petitioner.

st=Chhattisgarh, c=IN Date: 2025.12.09

15:43:43 +0530 Versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Public Health Engineering, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2 - The Engineer In Chief Public Health Engineering, Indrawati Bhawan, Nava Raipur Atal Nagar, Raipur, District Raipur Chhattisgarh., District :

Raipur, Chhattisgarh

3 - The Superintendent Engineer Public Health Engineering Department, Bilaspur Division, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

4 - The Executive Engineer Public Health Engineering Department, Bilaspur Division, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

5 - The Joint Director Treasury, Account And Pension Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Respondent(s)

(Cause title downloaded from CIS Periphery)

For Petitioner : Mr. Vikas Dubey, Advocate.

For Respondent/State : Mr. Malay Jain, Panel Lawyer.

SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board

09.12.2025 (1) This Writ Petition under Article 226 of the Constitution of India has been filed for quashing of recovery of Rs.75,218/- which was made from the petitioner after the retirement due to erroneous pay fixation for the period 01.01.2006 to 01.01.2016 though the petitioner was retired from service on 31.05.2018.

(2) Case of the petitioner is that he was appointed on the post of Hand Pump Mechanic on 21.05.1983 in the Department of Public Health Engineering. After completion of services in the Department, the petitioner was superannuated from the service on 31.05.2018. However, after retirement the office of Joint Director, Treasury, Account and Pension found that wrong fixation has been in respect of the petitioner for the period 01.01.2006 to 01.01.2016. Thereafter, vide order dated 06.03.2019 (Annexure-P/4), respondent No.4 amended the pay scale of the petitioner and after revised calculation, the Authorities found that excess amount of Rs.75,218/- has been paid to the petitioner and pass recovery order for the same. Subsequently, the petitioner paid the said amount by way of Challan dated 15.03.2019 (Annexure-P/8) to the Treasury department in order to get other pensionary benefits.

Therefore, the petitioner has filed this writ petition for the following reliefs:-

"i. To kindly call for the records of the case from the respondents.

ii. To kindly quash the recovery amount of Rs.75,218/- (Rupees Seventy Five Thousand Two Hundred Eighteen Only) made from the petitioner and direct the respondents to return back the recovered amount to the petitioner with penal interest.

iii. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case."

(3) Learned counsel for the petitioner submits that no recovery is permissible after retirement as the petitioner belongs to category of Class-III employee. He further submits that after the retirement, such recovery is impermissible in law and places reliance in the matter of State of Punjab Vs. Rafiq Masih (White Washer)¹. He also submits that in similar writ petition this Court has decided the case in favour of the petitioner vide order dated 06.10.2025 passed in WPS No.6309/2019. He also submits that the petitioner has already paid the recovery amount by way of challan on 15.03.2019. Therefore, this petition may be allowed and appropriation direction may be issued for refund of amount to the petitioner.

1 (2015) 4 SCC 334

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