2026:CGHC:8617 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 86 of 2026

1 - Laxmi Prasad Chouhan S/o Chhedu Lal Chouhan Aged About 63 Years Retired Head Master (Primary School) At Govt. Primary School, Mudpar (Bade), Block Sarangarh, Distt. Sarangarh Bilaigarh, Chhattisgarh.

... Petitioner Versus

1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, Distt. Raipur, Chhattisgarh.

2 - Director Directorate Of Public Instructions, Indrawati Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh.

3 - Accountant General Chhattisgarh, Raipur, Distt. Raipur, Chhattisgarh.

4 - Divisional Joint Director Fund, Account And Pension, Bilaspur Division, Bilaspur, Distt. Bilaspur, Chhattisgarh.

5 - District Education Officer Sarangarh Bilaigarh, Distt. Sarangarh-Bilaigarh, Chhattisgarh.

6 - Block Education Officer Sarangarh, Distt. Sarangarh Bilaigarh, Chhattisgarh.

... Respondents For Petitioner : Mr. Govind Prasad Dewangan, Advocate For Respondents : Mr. Khulesh Sahu, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge

ORDER ON BOARD

17/02 /2026

1. Petitioner has filed this writ petition against the recovery of excess amount paid to petitioner during his service period vide impugned order dated 31.05.2024 (Annexure P/1) seeking following reliefs:-

“10.1 That, this Hon'ble Court may kindly be pleased to .call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal

10.2 That, this Hon'ble Court may kindly be pleased to set aside the impugned recovery order dated 31.05.2024 (Annexure P/1) issued by the Respondent No. 4 i.e. Divisional Joint Director, Fund, Account and Pension, Bilaspur Division, District – Bilaspur (C.G.) ordering to recovery of excess payment from the petitioner to the sum of Rs. 3,68,198/- and further be pleased to direct the respondents to return back the entire amount which has already been recovered from the Gratuity of the petitioner in pursuance of the impugned recovery order dated 31.05.2024 with interest @ 18% per annum within the period of 15 days, in the interest of justice.

10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief’s in favour of the petitioners, which this Hon’ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.”

2. Learned counsel for petitioner submit that petitioner stood retired from service on 30.06.2023 while working on the post of Head Master in Government Primary School, Department of School Education. He contended that after one year of his retirement, Respondent No. 4 issued impugned order of recovery dated 31.05.2024 (Annexure P/1) for an amount of Rs. 3,68,198/-. Petitioner was compelled to give consent for deduction of the aforesaid amount from his Gratuity along with an affidavit for deducting the amount form the petitioner. He was threatened that if the consent is not given, his retiral dues will be withheld and accordingly, petitioner submitted consent. He also contended that from perusal of the reply submitted by the Respondents/State, it would be apparent that the petitioner was paid the amount accrued to him towards Group Insurance Scheme (GIS), Leave Encashment and General Provident Fund (GPF)

and after deducting the amount of Rs. 3,68,198/-, petitioner was paid amount of Gratuity.

3. He submits that recovery which is said to be made from petitioner is against the excess payment made to him towards salary due to wrong fixation of pay as pleaded in reply. Excess payment is not on account of any suppression of facts, frauds or misrepresentation on the part of petitioner with the respondent authorities. Petitioner stood retired from the post of Head Master which is a Class – III post under the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion, Rules, 2019 and therefore, recovery of excess amou