2026:CGHC:17326 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10696 of 2025

1 - Smt. Arjumand Bano W/o Mr. Mohammad Nafees Aged About 62 Years Retired From The Post Of Headmaster From Government Primary School, Bagghabharra, District- Gaurella-Pendra-Marwahi (C.G.) R/o Gandhi Chowk, Railway Station Road, Gaurella, District- Gaurella-Pendra-Marwahi (C.G.)

--- Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Government Of Chhattisgarh, Mantralaya, Atal Nagar, Nava Raipur, District- Raipur (C.G.)

2 - The Director Directorate Of Public Instructions, Indiravati Bhawan Atal Nagar, Nava Raipur District- Raipur (C.G.)

3 - The Joint Director Treasury, Accounts And Pension, Bilaspur Division, District- Bilaspur (C.G.)

4 - The Deputy Director Local Fund Audit, Bilaspur, District- Bilaspur (C.G.)

5 - The District Treasury Officer District Gaurella-Pendra-Marwahi (C.G.)

6 - The District Education Officer District Gaurella-Pendra-Marwahi (C.G.) 7 - The Block Education Officer Block- Gaurella, District Gaurella-Pendra-

Marwahi (C.G.)

8 - The Chief Municipal Officer Municipal Council, Gaurella, District-

Gaurella-Pendra-Marwahi (C.G.)

... Respondents For Petitioner : Mr. Rohit Sharma, Advocate BALRAM For Respondents-State : Ms. Ajay Kumrani, P.L.

PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Hon'ble Shri Parth Prateem Sahu, Judge

ORDER ON BOARD

15/04/2026

1. Petitioner has filed this writ petition against the order/notice of recovery dated 16.06.2025 seeking following reliefs :-

“10.1 Issue writ of Mandamus or any other appropriate Writ and quash the impugned Recovery order dated 16.06.2025 (Annexure P-1) passed by the Respondent No.7, whereby the amount of Rs.7,58,677/- has been inserted as recoverable from the Petitioner against the excess payment paid to the petitioner by the Respondents, in the interest of justice. 10.2 Issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the Respondent Authorities to release all the retiral dues of the Petitioner including GPF, GIS, Amount of Leave Encashment, Gratuity etc. which has been withheld by the Respondents despite the fact that the Petitioner has already been retired from her services on 30.06.2025, in furtherance of justice.

10.3 Issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the Respondent Authorities to consider and decide the representation (s) submitted by the petitioner, in the interest of justice.

10.4 Grant any other relief (s) as this Hon’ble Court may deem just and proper in the facts and circumstances of the present case;”

2. Learned counsel for petitioner submits that petitioner was working as Headmaster Primary School under the respondents which is a Class- III post. After attaining the age of superannuation, she retired from service on 30.07.2025. Respondents have issued an order/notice dated 16.08.2025 (Annexure P-1) just few days before retirement of petitioner for recovery of an amount of Rs. 7,58,677/- on the ground that excess payment is made to petitioner due to wrong pay fixation. Excess amount is paid for the period from 01.05.2013 to 30.06.2018. It is contention of learned counsel for petitioner that in view of decision of Hon’ble Supreme Court in the case of State of Punjab & ors vs. Rafiq Masih (White Washer) & ors, reported in (2015) 4 SCC 334 recovery of excess payment from the petitioner/Class-III employee is not permissible. He also contended that from the face of the order it is apparent that excess payment is not made to petitioner because of her misrepresentation or any fraud played by petitioner to the respondent- department. Recovery of amount if paid in excess towards salary cannot be made from her. Therefore, action on the part of respondent- department in deducting the amount as mentioned towards excess payment is per se illegal and arbitrary.

3. On the other hand, learned counsel for respondents opposes the submission of learned counse