2026:CGHC:6901 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5156 of 2022 Bhagwati Prasad Bajpai S/o Late Shri J.N. Bajpai, Aged About 67 Years, Retired From The Post Of Second Class Clerk In Pt Ravi Shanker Shukla University Raipur, R/o Sector-Ii, Link 8, D.D. Nagar, Raipur, Tahsil And District- Raipur, Chhattisgarh. Pin- 492010 ... Petitioner versus

1 - State Of Chhattisgarh Through Its Secretary Higher Education Department Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur, Chhattisgarh.

2 - The Director Directoate Of Higher Education, Block-Iii, Indrawati Bhawan, Atal Nagar New Raipur, District- Raipur, Chhattisgarh.

3 - Pt. Ravishanker Shukla University Through Its Registrar, Pt Ravishanker Shukla University G.E. Road, Raipur, District- Raipur, Chhattisgarh.

4 - The Finance Officer Pt. Ravishanker Shukla University, Raipur, G.E.

Road, Raipur, Chhattisgarh.

... Respondents For Petitioner : Mr. J. K. Gupta, Advocate For Res. Nos. 1 & : Mr. Ghanshyam Patel, Deputy Government

2/State Advocate ({Hon’ble Shri Justice Sachin Singh Rajput})

Order on Board

06/02/2026

1. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs :-

(i) That the Hon’ble Court may kindly be pleased to call for entire record pertaining to the case of petitioner for kind perusal of this Hon’ble Court.

10.2 That the Hon’ble Court may kindly be pleased to direct the respondent No. 3 to pay the remaining GPF and gratuity amount and consequential benefits to the petitioner accordingly.

10.3 That the Hon’ble Court may kindly be pleased to direct the respondent No. 3 to pay remaining 10% amount GPF, Gratuity and other consequential benefits to the petitioner in accordance with law.

10.4 Any other relief, which may be deemed, fit by this Hon’ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioner.”

2. Facts of the case, as projected by the petitioner, are that the petitioner was working on the post of Clerk with the respondent No. 3, Pt. Ravishanker Shukla University and retired from his services on 31.03.2017 after attaining the age of superannuation. The petitioner made a representation to the respondents authorities for releasing of his admissible retiral dues, however, the same could not be paid, thus this writ petition has been filed with the above prayed following relief.

3. Learned counsel for the petitioner submits that after about 7 years of the retirement of the petitioner, a communication dated 21.03.2022 was sent to the petitioner by the respondent No. 3 directing him to deposit the amount of Rs.65,208/- in the treasury of the Pt. Ravishanker Shukla University. He submits that the said recovery appears to be made due to some excess payment made to the petitioner on account of wrong fixation of his pay scale. He submits that though in the relief clause, the petitioner has not prayed for quashment of the said order

(Annexure P/1), however withholding the admissible retrial dues of the petitioner appears to be on account of some recovery to be made from the petitioner. He further submits that the relief may be molded and the order annexure P/1 may be set aside in light of the judgment rendered by Hon’ble Supreme Court in the matter of State of Punjab & others Vs. Rafiq Masih (White Washer) and others ¹. He submits that the judgment of Rafiq Masih (supra) has subsequently been reiterated and followed by Hon’ble Apex Court in the case of Thomas Daniel vs. State of Kerala and others ² and Jogeswar Sahoo & ors. vs. The District Judge, Cuttack & ors.,³. Thus, he prays that the impugned recovery order passed against the petitioner, that too after his

retirement, may be set aside.

4. Mr. Neeraj Chaubey, learned counsel for respondent Nos. 3 & 4 submits that the petitioner is being paid 90% anticipatory pension and according to Statute 32 of the University, for grant of pension and gratuity to the officers/employees