1 2025:CGHC:55995 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 242 of 2020 1 - Smt. Kiran Bala Sharma W/o Late M.L. Sharma Aged About 65 Years R/o Near Shiv Mandir Talab, Shanti Vihar Colony, Daganiya Post Sundar Nagar, Raipur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhavan, Atal Nagar, District Raipur Chhattisgarh 2 - Additional Secretary Finance Department, Mantralaya, Mahanadi Bhavan, Atal Nagar, District Raipur Chhattisgarh 3 - District Education Officer, Raipur Chhattisgarh 4 - Block Education Officer Dharsiva, Raipur Chhattisgarh 5 - The Joint Director Treasury Accounts And Pensions Department Raipur Chhattisgarh ... Respondents For Petitioner : Mr. Akash Kumar Kundu, Advocate For Respondent/State : Mr. Santosh Soni, GA PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.11.19 11:00:54 +0530 2 Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 18/11/2025 1. Challenge in the present Writ Petition is to the recovery order dated 18.07.2016, whereby the respondents have initiated recovery proceedings against the petitioner for excess payment due to erroneous fixation of pay for the period from 06.02.1996 to 30.06.2016, amounting to Rs.1,02,880/-. 2. Necessary facts of the case are that the petitioner was initially appointed as ‘Sub Teacher’ and joined her service on 06.02.1984. She was subsequently promoted to the post of ‘Assistant Teacher’ and ultimately, superannuated on 31.07.2016 from the said post. At the time of her retirement, the Joint Director, Treasury, Accounts and Pension Department, found an erroneous pay fixation for the period from 06.02.1996 to 30.06.2016. The petitioner was, therefore, directed to deposit the excess amount and accordingly, she deposited the said amount on 05.10.2016. 3. Learned counsel for the petitioner submits that the petitioner retired on 31.07.2016 from the post of Assistant Teacher, which is a Class-III post and that the petitioner has neither made any misrepresentation nor played any fraud upon the respondents in receiving the said erroneous pay fixation. Therefore, the aforesaid 3 recovery is impermissible in light of the judgment of the Hon’ble Supreme Court in State of Punjab and others etc. vs. Rafiq Masih (White Washer) etc1. 4. On the other hand, learned counsel for the State supports the impugned order and submits that the amount has already been deposited by the petitioner herself and since the said money is public money, the Petition deserves to be dismissed in light of the judgment passed in Chandi Prasad Uniyal and ors. vs. State of Uttarakhand and ors2. 5. Having heard the submission of learned counsel for the parties and particularly considering that the petitioner is a Class-III employee on the verge of retirement and that the erroneous pay fixation was made by the authorities for the period from 06.02.1996 to 30.06.2016, this Court finds that the recovery sought at the time of the retirement along, along with the deposit made by the petitioner to settle her retirement dues, was effectively compelled through an arm twisting method. Such a recovery is iniquitous, harsh and arbitrary in nature, therefore, this Court is of the considered view that the impugned recovery is not permissible. 6. Accordingly, the Petition stands allowed and the respondents are directed to immediately refund the entire amount recovered from or 1 2015 AIR SCW 501 2 (2012) 8 SCC 417 4 deposited by the petitioner within an outer limit of 90 days from the date of receipt of a copy of this order. 7. With the aforesaid observations, the Writ Petition stands disposed of. Sd/- (Deepak Kumar Tiwari) Judge Priyanka