2026:CGHC:7063 NAFR AVINASH SHARMA Digitally signed HIGH COURT OF CHHATTISGARH AT BILASPUR by AVINASH SHARMA Date: 2026.02.19 10:40:44 +0530 WPS No. 7634 of 2023

1 - (Deleted) Fuleshar Bai Meshram As Per Honble Court Order Dated

08-01-2026.

2 - Chuneshwari Meshram D/o Late Shiv Charan Meshram Aged About

27 Years.

3 - Ghanshyam Meshram S/o Late Shiv Charan Meshram Aged About

40 Years.

4 - Nandini Meshram D/o Late Shiv Charan Meshram Aged About 35 Years.

All are R/o Village Kui Kukdur, P.S.- Kukdur, Pandariya, District-

Kabirdham, Chhattisgarh.

... Petitioners.

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Agriculture, Mahanadi Bhawan, Mantralaya, Naya Raipur, District-

Raipur, Chhattisgarh.

2 - Director Agriculture, Kabirdham, District- Kabirdham, Chhattisgarh. 3 - Sub Divisional Officer Kabirdham, District- Kabirdham, Chhattisgarh.

4 - Divisional Joint Director Treasury, Accounts And Pension, Durg, District- Durg, Chhattisgarh.

5 - District Treasury Officer Kabirdham, District- Kabirdham, Chhattisgarh.

... Respondents.

For Petitioners : Shri Shobhit Koshta, Advocate.

For State/Respondent : Shri Hariom Rai, PL. Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

09/02/2026

1. The present Writ Petition has been filed challenging the order dated 23.11.2022 passed by the Sub Divisional Officer (Agriculture), District Kabirdham C.G. by which, recovery of Rs.1,22,778/- has been sought from the husband/father of petitioners.

2. The petitioner has prayed for the following reliefs:-

10.1 That, the Hon'ble Court may kindly be pleased to issue appropriate writ and quash the impugned order dated 23/11/22 (Annexure P-3) with regard to the petitioners in the interest of justice.

10.2 This Hon'ble Court may kindly be pleased to call for records of the instant case the interest of justice.

10.3 Any other relief which this Hon'ble Court deem fit and proper may also kindly be granted to the petitioners in the interest of justice.

3. Necessary facts of the case are that petitioners no. 1 is wife and petitioner no. 2, 3 and 4 are children of Late Shiv Charan Meshram who retired on 31/7/2011 from the office of respondent no. 3. After his retirement, his pension was fixed and till his death, he was regularly receiving the pension amount and other pensionary benefits. Late Shiv Charan Meshram died on 19/5/22, and the petitioners are legal heirs of Late Shiv Charan Meshram. Thereafter, when the petitioners approached the respondent authorities for grant of family pension and amount to the petitioner no. 1, the respondent authorities orally informed that due to recovery of amount of Rs 1, 22, 778/-, the family pension was stopped and thereafter, the petitioner was served with the impugned notice of recovery dated 23/11/22. That, thereafter, the petitioner no. 1 has preferred the representation to the respondent authorities that recovery order is bad in law as the said recovery has been issued after retirement of the petitioner and hence, the same is illegal but no heed has been paid to the petitioner’s representation. Hence this petition.

4. Learned counsel for the petitioner submits that it is well settled principle of law that no recovery order can be issued against the retired persons and hence, the impugned recovery notice is illegal , perverse and against the provision of law. He further submits that it is well settled principle of law that any order which entail civil consequences, an opportunity of hearing must be given to the aggrieved party, however, in the present case, no opportunity of hearing has been given to the petitioners which is violation of principles of natural justice. To buttress his submission, learned counsel for the petitioner would place reliance on paragraph 8 of the judgment passed in the matter of Union of India and Others vs. Rekha Majhi, {(2000) 10 SCC 659} by the Hon’ble Supreme Court. Para 8 of the said judgment reads as under:-

“8. Learned counsel for the respondent then urged that in any case the appellants ar