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2025 DAILYLAW 54199 (CHH)

ESWAN KUMAR TANDAN v. THE STATE OF CHHATTISGARH

WPS/11619/2025 · 2025-10-16

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:51907 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 11619 of 2025 Eswan Kumar Tandan S/o Dhansay Tandan Aged About 62 Years Retired Pharmacist Grade- 2 Community Health Center Ahiwara, R/o Plot No.222/3, Street No.5 Vanshi Vihar Colony, Ward No.50, Borsi, District- Durg Chhattisgarh-491001. ... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary Department Of Health And Family Welfare Mahanadi Bhawan Mantralaya Naya Raipur Atal Nagar, District- Raipur Chhattisgarh. 492002. 2 - The Director Directorate Of Health Services Swasthya Bhawan, Sector-19, Nava Raipur, Atal Nagar, District- Raipur Chhattisgarh. 492002 3 - The Director Directorate Of Pension And Provident Fund, Indravati Bhawan, Nawa Raipur Atal Nagr, Chhattisgarh. 492002 4 - The Finance Controller Directorate Of Health Services, Public Accounts Committee, Budget Audit, Pension Payment Swasthya Bhawan, Sector-19, Nava Raipur, Atal Nagar, District- Raipur Chhattisgarh- 492002. 5 - The Divisional Joint Director Health Services, Raipur Division District- Raipur Chhattisgarh. 6 - The Divisional Joint Director Treasury Accounts And Pension Durg District- Durg Chhattisgarh. 7 - The Civil Surgeon Cum Chief Hospital Superintendent District- Hospital Durg District- Durg Chhattisgarh. 8 - The Chief Medical And Health Officer Durg District- Durg Chhattisgarh. 9 - The Block Medical Officer Block Dhamdha District- Durg Chhattisgarh. ... Respondents For Petitioner : Mr. Ashwin Panickar, Advocate For State : Mr. S.P. Kale, Additional Advocate General BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.10.17 17:49:05 +0530 2 Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 17.10.2025 1. The petitioner has filed the present writ petition to set-aside order dated 02.09.2025 passed by respondent No. 9 by which the petitioner has been directed to repay amount to the tune of Rs. 61,240/- and also for grant of all retiral dues. 2. Learned counsel for the petitioner would submit that the petitioner stood retired from service on 31.07.2025, still no retiral dues have been paid to him and he has been served notice for recovery on 02.09.2025. 3. This Court vide order dated 10.10.2025 has directed the respondent authority to recover Rs. 61,240/- on alleged excess payment but that order has not been given effect properly due to some misunderstanding between the parties. 4. In pursuance of direction given by this Court, Mr. Vivek Kumar Mishra, Joint Director, Pension and Treasury, Durg is present before this Court through V.C. and would submit that as soon as the issue with regard to excess recovery is settled, they will release pension of the petitioner. 5. In view of submission made by Mr. Vivek Kumar Mishra, it is directed that the amount of Rs. 61,240/- be withheld by Account and Treasury from gratuity of petitioner and remaining retiral dues be paid to the petitioner within 15 days from the date of receipt of copy of this order. 6. With this direction, the instant writ petition is disposed of. However, the petitioner is at liberty to challenge the recovery amount of Rs. 61,240/- before appropriate forum. Sd/- (Narendra Kumar Vyas) Judge Bhumika