2026:CGHC:9600 NAFR AVINASH SHARMA AVINASH SHARMA HIGH COURT OF CHHATTISGARH AT BILASPUR Date: 2026.02.26 10:10:35 +0530 WPS No. 8743 of 2023 Hirendra Kumar Singh Rana S/o Late Shri Mahesh Singh Rana Aged About 60 Years Assistant Grade II, Posted At Tahsil Office Bhaiyathan, District Surajpur (C.G.) Presently Attached At Collectorate Office At Surajpur, District Surajpur (C.G.)

... Petitioner.

Versus

1 - State Of Chhattisgarh Through Secretary, Revenue Department, New Mantralaya, Mahanadi Bhawan, Atal Nagar New Raipur, District Raipur (C.G.)

2 - Collector Surajpur, District Surajpur (C.G.) 3 - Joint Director Treasury Accounting And Pension, Surguja Division, Ambikapur, District Ambikapur (C.G.)

4 - Treasury Officer District Treasury At Surajpur, District Surajpur (C.G.)

5 - Tahsildar Bhaiyathan, District Surajpur (C.G.)

... Respondents.

For Petitioner : Shri Vaibhav Goverdhan, Advocate.

For State/ Respondent : Shri Yashwant Thakur, Addl AG.

Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

24/02/2026

1. This Writ Petition has been filed by the petitioner against the impugned recovery order (Annexure P/1) dated 23.03.2023 passed by the Respondent No.5, whereby recovery of Rs.8,98,459/- for the period from 01.01.2006 to 28.02.2023 has been sought against the petitioner on account of excess payment made due to wrong pay fixation.

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

1] That, the Hon'ble Court may kindly be pleased to quash the impugned order of recovery dated 23.03.2023 (Ann.P-1) passed by the respondent no. 5 herein.

2] That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to pay the amount, which, they have already recovered, in pursuance of the impugned order dated

23.03.2023.

3] 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.

3. Brief facts of the case, are that the on 06.09.1988, the petitioner was appointed on compassionate ground, to the post of Second Grade -2 Clerk. It is submitted that, after appointment of the petitioner, he was discharging his duties to the utmost satisfaction of the respondent authorities and has never given any chance of complaint till date. It is submitted that, after completion of 1 year of service, the petitioner was given increment, but, vide order dated 05.01.2006, it is ordered that, since the petitioner's date of birth is 30.01.1963 and he has not passed Hindi Typing examination, therefore, in such case, the petitioner is entitle for increment, w.e.f. 30.01.2004, i.e. after one year from him attaining the age of 40 years. In pursuance of this order, the department has started recovering the amount paid to the petitioner from earlier years. It is submitted that, being aggrieved by the order dated 05.01.2006, the petitioner filed W.P.S. No. 4124/2006 before the Hon'ble Court, which came to be allowed on 02.02.2017 and the order dated 05.01.2006 is quashed. It is submitted that after passing of the order by the Hon'ble Court, vide order dated 26.05.2017, the learned Upper Collector, directed the Tahsildar, Bhaiyathan, for payment of increments and arrears to the petitioner. It is submitted that, thereafter, the petitioner was given the benefit of increment and arrears have also been paid to him. At present, the petitioner is drawing basic salary of Rs. 47,500/- and his net salary is Rs. 54,640/-. ANNEXURE P-6 is the salary slip of the petitioner for the month of December 2022 and January 2023 filed herewith collectively. It is submitted that, all of sudden, out of nowhere, on 23.03.2023, the respondent no. 5 has passed the impugned order, without issuing any show cause notice, without assigning any reason, without providing any opportunity of hearing to the petitioner; in order to overreach the order passed by this Hon'ble Court in W. P. S. No. 4124/2006, dated 02.02.2017, and has directed for recovery of Rs. 8,98,459.00/- against the excess