Digitally 2025:CGHC:42807 signed by YOGESH YOGESH TIWARI AFR TIWARI Date:

2025.08.30

16:59:55 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1356 of 2023 Gopal Prasad Naik S/o Girdhari Lal Naik, Aged About 56 Years R/o Indraprasth Colony Janjgir, District : Janjgir-Champa, Chhattisgarh ... Petitioner versus

1 - State of Chhattisgarh Through Its Secretary, Technical Education Department, Mantralaya Indrawati Bhawan, Naya Raipur, Raipur, Chhattisgarh.

2 - Director, Technical Education Department Mantralay Indrawati Bhawan, Naya Raipur, Raipur Chhattisgarh.

... Respondents (Cause-title taken from Case Information System)

For Petitioner : Ms. Diksha Gouraha, Advocate For Respondents-State : Mr. Ankur Kashyap, Dy. Govt. Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

22.08.2025

1 The instant writ petition is preferred by the petitioner with the following relief(s):-

“10.1 That, the Hon'ble Court may kindly be pleased to quash the Impugned Order Dated

21.12.2022 (P/1) issued by the Director, Technical Education, Naya Raipur, Chhattisgarh;

10.2 That, the Hon'ble Court may kindly be pleased to quash the Impugned Letter dated 30/01/2023 (P/2) sent to the petitioner by the Director, Technical Education, Naya Raipur, Chhattisgarh.

10.3 That, any other relief(s) which the Hon'ble Court deems fit & proper may kindly be pleased to granted in favour of the petitioner;”

2 Brief facts of the case, are that the petitioner was initially appointed as Lecturer in 1996 and was subsequently promoted to the post of Principal in Government Polytechnic College, Janjgir- Champa, where he has been discharging his duties sincerely. Vide order dated 21.12.2022, the Director, Technical Education, Naya Raipur, passed the impugned order directing recovery of alleged excess payment made to the petitioner from the year 2006 onwards, along with modification of pay fixation. Vide order dated 28.02.2013, the petitioner’s pay was revised under the Career Advancement Scheme as per the recommendations of the competent authority, and similarly, vide order dated 23.02.2017, the petitioner was promoted to the post of HOD (Chemical Engineering) with revised pay fixation. Both these orders were passed by the respondent authorities themselves without any stipulation of excess payment or liability of recovery. On the basis of such fixation, he has also taken substantial education and housing loans, and recovery at this stage would cause grave financial hardship and irreparable loss. A representation dated 22.12.2022 was submitted to the Director, Technical Education, requesting reconsideration of the recovery, but the same has not been addressed. Any error in fixation is attributable solely to the respondents, and recovery after 16 years is arbitrary, malafide, and unsustainable in law. Having no other efficacious remedy, the petitioner has approached this Court by way of the present petition.

3 Learned counsel for the petitioner would submit that the petitioner was initially appointed as Lecturer in the year 1996 and was later promoted to the post of Principal in the Government Polytechnic College, Janjgir-Champa, where he has been serving with utmost sincerity. To the utter shock of the petitioner, the Director, Technical Education, Naya Raipur, passed the impugned order dated 21.12.2022 directing recovery of alleged excess payment said to have been made since the year 2006, along with modification in the pay fixation. It is contended that the petitioner had no role whatsoever in fixation of his pay. The fixation was made by the competent authorities from time to time in accordance with the prevailing rules. Vide order dated 28.02.2013, the pay scale of the petitioner was revised under the Career Advancement Scheme on the recommendation of the Committee, and similarly, vide order dated 23.02.2017, the petitioner was promoted to the post of HOD (Chemical Engineering) with revised pay fixation. Both these orders were passed by the respondent authorities them