1 2025:CGHC:26331 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 280 of 2017 1 - Kisan Singh Diwan S/o Late Shri Lal Singh Diwan, Aged About 65 Years R/o Village And Post Narra, Tahsil Bagbahara, Distt Mahasamund, Chhattisgarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Capital Complex, New Raipur, P S Rakhi, New Raipur, Chhattisgarh, Chhattisgarh 2 - Block Education Officer, Bagbahara, Distt. Mahasamund, Chhattisgarh, District : Mahasamund, Chhattisgarh 3 - District Education Officer, Mahasamund, Distt. Mahasamund, Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Respondents For Petitioner : Mr. Sudeep Johri, Advocate alongwith Mr. J.K. Gupta, Advocate For State : Mr. Vedant Shadangi, PL Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 20.06.2025 1. The petitioner has filed this petition seeking the following relief(s):- “1. That the Hon'ble Court may be kind enough to call the record of the petitioner. 2.That the Hon'ble Court may be kind enough to quash the impugned orders Annexure P-1 and may be kind enough to issue a writ of mandamus to command the respondents to return the amount of Rs. 85,551/- illegal REKHA SINGH Digitally signed by REKHA SINGH -2- deducted from the gratuity of the petitioner. 3.That the Hon'ble Court may be kind enough to pass any appropriate writ, order or direction to the respondents to pay the monetary benefits with interest and cost of the case etc.” 2. The learned counsel appearing for the petitioner would submit that after retirement, an amount of Rs.85,551/- has been illegally deducted from the amount of gratuity of the petitioner. He would further submit that without holding any inquiry, such an order could not have been passed by the respondent authorities. 3. On the other hand, Mr. Shadangi, the learned Panel Lawyer appearing for the State, would oppose the submissions made by Mr. Johri. He would submit that after retirement, it was deducted by the Block Education Officer as an amount of Rs.85,551/- was paid to the petitioner in excess. He would also submit that a consent letter was given by the petitioner on 22.05.2014 to the Joint Directory Treasury, Accounts and Pension Raipur to adjust the excess amount with pension and the amount of gratuity. He would contend that pursuant to the consent given by the petitioner, the excess amount was adjusted against the amount of gratuity. He would lastly submit that the present petition deserves to be dismissed. 4. Heard learned counsel appearing for the parties and perused the documents placed on the record. 5. It appears that the petitioner has approached this Court after the deduction of Rs.85,551/- from his gratuity account. Annexure R/1 a consent letter addressed to the Joint Director, Treasury, Accounts 3 and Pension Raipur dated 22.05.2014 would show that it was given by the petitioner to the said authority to adjust the excess amount with pension and the amount of gratuity and pursuant to that letter, a decision was taken by the respondent authorities to adjust the amount of Rs.85,551/- with the amount of gratuity. 6. The petitioner in this petition has concealed the fact regarding the consent given by him. Further, the petitioner has not disputed the fact that excess payment was made during the service period. 7. Taking into consideration the fact that the consent letter was given by the petitioner himself, in my opinion, no case is made out for interference. This petition fails and is hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge Rekha