THEODOR EKKA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ petition is to the order of recovery initiated by the authorities vide order dated 09.10.2018 (AnnexureP/1), whereby the respondents have ordered for recovering an amount of Rs.2,78,819/- from the retiral dues payable to the petitioner.

(2.) The facts of the case is that the petitioner was working under the respondents as an Assistant Grade-ll under the Government Shyama Mukherjee Prasad College, Sitapur, Block Sitapur, District Surguja (C.G.) and he stood retired from service w.e.f. 31.03.2018. Till the date of retirement there was no order of recovery issued by the respondents. After more than 7 months from the date of retirement, the respondents have now issued the impugned order Annexure P/1 ordering for recovery of an amount of Rs.2,78,819/- from the retiral dues payable to the petitioner. The said alleged recovery is said to be on the basis of some erroneous fixation of pay made to the petitioner w.e.f. 01.01.2006 to 31.03.2018. According to the petitioner, he is a retired personnel and that there was no misrepresentation or fraud played by the petitioner in receiving the alleged excess payment. That the same has been paid to the petitioner erroneously on account of the fault on the part of the officers in the Department and for which the petitioner cannot be held liable for recovery.

(3.) According to the petitioner, under the bonafide belief of having received the same justifiably, the petitioner has consumed the same, and now the respondents would not be permitted to recover the same. According to the petitioner, the authorities could have carried out the rectification part, but they could not have initiated any recovery. The further contention of the petitioner is that the impugned order also is bad in law for the reason that the alleged excess payment made to the petitioner is of a period long back and which makes it impermissible under law for recovery after a considerable period of time in terms of the judgment of the Hon'ble Supreme Court.