1 2026:CGHC:2077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12329 of 2025 1 - Ameeta Markam D/o Shri Chetman Markam Aged About 32 Years R/o House No. 189, Ward No. 13, School Para, Kondagaon, District - Kondagaon, Chhattisgarh --- Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District Raipur Chhattisgarh 3 - Divisional Forest Officer Forest Division Kondagaon, District Kondagaon Chhattisgarh --- Respondents WPS No. 12383 of 2025 1 - Rajuram Netam S/o Shri Sonsay Netam, Aged About 43 Years R/o House No. 75, Khas Para, Ward No. 7, Ulera, Kondagaon, District Kondagaon (C.G.) ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI 2 2 - Principal Chief Conservator Of Forests, Forest Department, Aranya Bhawan, Raipur, District Raipur (C.G.) 3 - Divisional Forest Officer, Forest Division Kondagaon, District Kondagaon (C.G.) --- Respondents WPS No. 12382 of 2025 1 - Bhuneshwar Baghel S/o Shri Johru Ram Baghel Aged About 34 Years R/o House No. 88, Puspal Vidhyalay Para, Mardapal Kondagaon District- Kondagaon Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur District- Raipur (C.G.) 3 - Divisional Forest Officer Forest Division Kondagaon, District- Kondagaon (C.G.) --- Respondents WPS No. 12378 of 2025 1 - Jagat Ram Korram S/o Shri Ram Singh Korram Aged About 35 Years R/o House No. 31, Ward No. 03, Padar Para, Ranapal, Mardapal, Kondagaon, District- Kondagaon, Chhattisgarh ---Petitioner Versus 1. State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District Raipur, C.G. 3 3 - Divisional Forest Officer Forest Division Kondagaon, District Kondagaon, C.G. --- Respondents WPS No. 12374 of 2025 1 - Deepika Korram D/o Shri Baisakhu Korram Aged About 32 Years R/o House No. 12, Schoolpara, Korrabadgaon, Farasgaon, Kondagaon, Distt. Kondagaon, Chhattisgarh. ---Petitioners Versus 1 - State of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh. 2 - Principal Chief Conservator Of Forest Forest Department, Aranya Bhawan, Raipur, Distt. Raipur, Chhattisgarh. 3 - Divisional Forest Officer Forest Division Kondagaon, Distt. Kondagaon, Chhattisgarh. --- Respondents WPS No. 12371 of 2025 1 - Ajay Kumar Nag S/o Shri Harishchandra Nag Aged About 40 Years R/o House No.418, Sargipal Para, Kondagaon, District- Kondagaon, Chhattisgarh, ---Petitioners Versus 1 - State Of Chhattisgarh Through- Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh, 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District- Raipur (C.G.) 3 - Divisional Forest Officer Forest Division Kondagaon, District- Kondagaon (C.G.) --- Respondents 4 WPS No. 12370 of 2025 1 - Madan Lal Korram S/o Shri Ganda Ram Korram Aged About 36 Years R/o House No. 209, Ward No. 12, Chhata Para, Kokodi, Kondagaon, District - Kondagaon Chhattisgarh ---Petitioners Versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District Raipur Chhattisgarh 3 - Divisional Forest Officer Forest Division Kondagaon, District Kondagaon Chhattisgarh --- Respondents WPS No. 12369 of 2025 1 - Shivlal Sori S/o Shri Pandi Ram Sori Aged About 41 Years R/o Beloti Para, Masora, Kondagaon, District Kondagaon, Chhattisgarh, ---Petitioner Versus 1 - State Of Chhattisgarh Through- Secretary, Forest And Climate Change Department (Forest Department ) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur Chhattisgarh. 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District- Raipur (C.G.) 3 - Divisional Forest Officer Forest Division Kondagaon, District- Kondagaon (C.G.) --- Respondents 5 WPS No. 12362 of 2025 1 - Mahesh Kumar Marapi S/o Shri Brijlal Marapi Aged About 35 Years R/o House No. 267, Ramsay Para, Kongud, Kondagaon District- Kondagaon, Chhattisgarh ---Petitioners Versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur District- Raipur (C.G.) 3 - Divisional Forest Officer Forest Division Kondagaon, District- Kondagaon (C.G.) --- Respondents WPS No. 12361 of 2025 1 - Mahangu Ram Netam S/o Shri Subba Ram Netam Aged About 40 Years R/o House No. 36, Patel Para, Kongera, Kokodi, Kondagaon, District - Kondagaon, Chhattisgarh ---Petitioners Versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur, Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District Raipur (C.G.) 3 - Divisional Forest Officer Forest Division Kondagaon, District Kondagaon (C.G.) --- Respondents 6 WPS No. 12359 of 2025 1 - Chhannoo Lal Marknday S/o Shri Sukalu Ram Marknday Aged About 36 Years R/o House No. 22, Satnam Chowk, Kusum, Kondagaon, District- Kondagaon, Chhattisgarh. ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District- Raipur (C.G.) 3 - Divisional Forest Officer Forest Division Kondagaon, District- Kondagaon (C.G.) --- Respondents WPS No. 12358 of 2025 1 - Shivlal Sori S/o Shri Laxman Sori Aged About 34 Years R/o House No. 40, Schoolpara, Kotebel, Barkal, Kondagaon, District - Kondagaon, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur, Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District Raipur (C.G.) 3 - Divisional Forest Officer Forest Division Kondagaon, District Kondagaon (C.G.) --- Respondents 7 WPS No. 12357 of 2025 1 - Chandan Singh Sethiya S/o Shri Umesh Chandra Sethiya Aged About 36 Years R/o House No. 155, Malgujaar Para, Golawand, Kondagaon, District- Kondagaon C.G. ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur C.G. 2 - Principal Chief Conservator Of Forests, Forest Department, Aranya Bhawan, Raipur, District Raipur C.G. 3 - Divisional Forest Officer, Forest Division Kondagaon, District Kondagaon C.G. --- Respondents WPS No. 12354 of 2025 1 - Chandu Markam S/o Shri Dalsay Markam Aged About 35 Years R/o House No. 101, Ward No. 10, Patel Para, Ondari, Kondagaon, District - Kondagaon Chhattisgarh ---Petitioners Versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District Raipur Chhattisgarh 3 - Divisional Forest Officer Forest Division Kondagaon, District Kondagaon Chhattisgarh --- Respondents 8 WPS No. 12351 of 2025 1 - Suknath Netam S/o Shri Narsingh Netam Aged About 36 Years R/o House No. 23, Dihipara, Sandsa Kondagaon, District- Kondagaon, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District Raipur (C.G.) 3 - Divisional Forest Officer Forest Division Kondagaon, District Kondagaon (C.G.) --- Respondents WPS No. 12347 of 2025 1 - Chetmani Netam D/o Shri Govardhan Netam Aged About 34 Years R/o House No. 03, Mohalla Botha Para, Kariyakata, Golawand, Kondagaon, District- Kondagaon, Chhattisgarh ---Petitioners Versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur District- Raipur (C.G.) 3 - Divisional Forest Officer Forest Division Kondagaon, District- Kondagaon (C.G.) --- Respondents 9 WPS No. 12380 of 2025 1 - Rajkumar Poyam S/o Shri Manjhiram Poyam Aged About 31 Years R/o House No. 24, Uppar Para, Bijapur, Makdi, Kondagaon, District- Kondagaon C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur C.G. 2 - Principal Chief Conservator Of Forests, Forest Department, Aranya Bhawan, Raipur, District Raipur C.G. 3 - Divisional Forest Officer, Forest Division Kondagaon, District Kondagaon C.G. ... Respondent(s) WPS No. 12381 of 2025 1 - Mangatram Netam S/o Shri Beersay Netam Aged About 37 Years R/o House No. 12, School Para, Korrabadgaon, Farasgaon, Kondagaon, District - Kondagaon, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District Raipur Chhattisgarh 3 - Divisional Forest Officer Forest Division Kondagaon, District Kondagaon Chhattisgarh ... Respondents 10 WPS No. 12483 of 2025 1 - Lakhanram Mandavi S/o Shri Mangadu Ram Mandavi Aged About 34 Years R/o House No.35, Mari Para, Themgaon, Lubha, Kondagaon, District- Kondagaon, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through- Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh, 2 - Principal Chief Conservator Of Forests Forest Department Aranya Bhawan, Raipur, District- Raipur (C.G.) 3 - Divisional Forest Officer Forest Division Kondagaon, District- Kondagaon (C.G.) ... Respondent(s) WPS No. 12494 of 2025 1 - Harish Kumar Dewangan S/o Shri Mahadev Dewangan Aged About 38 Years R/o Van Mandal Kondagoan , District - Kondagaon, Chhattisgarh --- Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District - Raipur (C.G.) 3 - Divisional Forest Officer Forest Division Kondagaon, District- Kondagaon (C.G.) --- Respondents 11 WPS No. 12557 of 2025 1 - Beersingh Netam S/o Shri Bajaru Netam Aged About 35 Years R/o House No. 210, Patel Para, Titarwand, Baderajpur, Vishrampuri, Kondagaon, District : Kondagaon, Chhattisgarh --- Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District : Raipur, Chhattisgarh 3 - Divisional Forest Officer Forest Division Kondagaon, District : Kondagaon, Chhattisgarh --- Respondents WPS No. 12558 of 2025 1 - Hitesh Kumar Khelwarey S/o Shri Chaitu Ram Khelwarey Aged About 35 Years R/o House No. 89, Gram Kusma, Kudur, Padar Para, Kondagaon, District- Kondagaon C.G. --- Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur C.G. 2 - Principal Chief Conservator Of Forests, Forest Department, Aranya Bhawan, Raipur, District Raipur C.G. 3 - Divisional Forest Officer, Forest Division Kondagaon, District Kondagaon C.G. --- Respondents WPS No. 12561 of 2025 1 - Fooldas Sori S/o Late Shri Mithuram Sori Aged About 37 Years R/o House No. 22, Sodapara, Chrkai, Farasgaon, Kondagaon, District : Kondagaon, Chhattisgarh 12 ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District : Raipur, Chhattisgarh 3 - Divisional Forest Officer Forest Division Kondagaon, District : Kondagaon, Chhattisgarh ... Respondent(s) WPS No. 12564 of 2025 1 - Dineshwari Pandey W/o Yashwant Pandey Aged About 33 Years R/o House No. 124, Kh Kotwar Para Barkai,kondagaon, District- Kondagaon, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District Raipur (C.G.) 3 - Divisional Forest Officer Forest Division Kondagaon, District Kondagaon (C.G.) ... Respondents WPS No. 12570 of 2025 1 - Prabhuram Netam S/o Shri Sukalu Ram Netam Aged About 37 Years R/o House No. 58, Badvar, Badwar, Keshkal, Kondagaon, District Kondagaon C.G. ... Petitioner versus 13 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur C.G. 2 - Principal Chief Conservator Of Forests, Forest Department, Aranya Bhawan, Raipur,district Raipur C.G. 3 - Divisional Forest Officer, Forest Division Kondagaon, District Kondagaon C.G. ... Respondents WPS No. 12571 of 2025 1 - Ramesh Poyam S/o Shri Chandan Singh Poyam Aged About 38 Years R/o House No. 61, Bich Para Dharli, District- Kondagaon, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh. 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District- Raipur (C.G.) 3 - Divisional Forest Officer Forest Division Kondagaon, District- Kondagaon (C.G.) ... Respondent(s) WPS No. 12574 of 2025 1 - Dheeraj Lal Kashyap S/o Shri Laxman Kashyap, Aged About 36 Years R/o House No. 38, Padarpara, Ward No. 3, Ranapal, Kondagaon, District (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 14 2 - Principal Chief Conservator Of Forests, Forest Department, Aranya Bhawan, Raipur, District Raipur (C.G.) 3 - Divisional Forest Officer, Forest Division Kondagaon, District Kondagaon (C.G.) ... Respondents WPS No. 12578 of 2025 1 - Jyoti Kosare D/o Shri Shivprasad Kosare Aged About 32 Years R/o House No. 68, Satnam Chowk, Kusma, Bamni Bazar, Kondagaon, Distt. Kondagaon, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh. 2 - Principal Chief Conservator Of Forest Forest Department, Aranya Bhawan, Raipur, Distt. Raipur, Chhattisgarh. 3 - Divisional Forest Officer Forest Division Kondagaon, Distt. Kondagaon, Chhattisgarh. ... Respondents WPS No. 12771 of 2025 1 - Rajuram Poyam S/o Shri Chamra Ram Poyam Aged About 41 Years R/o House No. 08, Ward No. 12, Dhansuli, School Para, Bamhani, Kondagaon, District Kondagaon C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur C.G. 2 - Principal Chief Conservator Of Forests, Forest Department, Aranya Bhawan, Raipur, District Raipur C.G. 15 3. Divisional Forest Officer, Forest Division Kondagaon Dist Kondagaon C.G. ... Respondents WPS No. 12797 of 2025 1 - Barduram Korram S/o Shri Jamdhar Korram Aged About 36 Years R/o House No. 41, Ward No. 14, School Para, Hathkali, Kondagaon, District- Kondagaon, Chhattisgarh ... Petitioners versus 1 - State of Chhattisgarh Through Secretary, Forest & Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - Principal Chief Conservator Of Forests Forest Department, Aranya Bhawan, Raipur, District Raipur (C.G.) 3. Divisional Forest Officer Forest Division Kondagaon, Dist Kondagaon CG. ... Respondents WPS No. 12599 of 2025 1 - Manki Netam W/o Shri Bajru Ram Aged About 33 Years R/o Aathgaon, Farasgaon, Kondagaon District- Kondagaon Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Forest And Climate Change Department (Forest Department) Mahanadi Bhawan, Atal Nagar, Nava Raipur, District -Raipur Chhattisgarh 2 Principal Chief Conservator Of Forests Forest Department Aranya Bhawan, Raipur District- Raipur (C.G.) 3 Divisional Forest Officer Forest Division Kondagaon District- Kondagaon. ... Respondents For Petitioners : Mr. Navoday Singh, Advocate For Respondents : Mr. Suyash Dhar Badgaiyan, Govt. Advocate SB: Hon’ble Mr. Justice Parth Prateem Sahu Order on Board 13/01/2026 1. As the petitioners in above writ petitions, who are Class III employees, are aggrieved by action of respondent authority concerned of recovering the amount which was erroneously paid to them on account of wrong pay fixation during the period from July 2013 to March 2024, therefore, all these petitions are being heard together and disposed of by this common order. 16 2. Learned counsel for petitioners would submit that petitioners were appointed on a Class III post in the Forest Department and with the passage of time, they have been extended benefit of revision of pay scale. All of a sudden, vide order impugned dated 7.5.2024, respondent Divisional Forest Officer has directed for recovery of amount, as mentioned in impugned order, in 72 equal installments from petitioners on the ground that excess payment is made from July 2013 to March 2024 due to wrong pay fixation. He submits that alleged excess amount of salary has been paid to petitioners on account of wrong pay-fixation, which was done by the respondents, and therefore, petitioners cannot be held responsible in any manner. He further submits that petitioners being Class III employees, respondents are not entitled to recover amount which was erroneously paid to petitioners, without any misrepresentation or fraud on their part. In support of his submission, he places reliance on decision of Hon’ble Supreme Court in case of State of Punjab & ors vs. Rafiq Masih (White Washer) & ors, reported in (2015) 4 SCC 334 and High Court of Punjab and Haryana and others vs. Jagdev Singh, reported in (2016) 14 SCC 267. 3. He further submits that even if at any point of time, petitioners have given consent for recovery of amount if paid in excess, 17 then also excess amount cannot be recovered from salary of petitioners being Class-III employees. In support of his submission, he places reliance on the order passed by the Division Bench of this Court in WA No.264/2020 (State of CG vs Labha Ram Dhruv) and WA No.265/2020 (State of CG and others vs. Roshan Lal Baghel). He lastly contended that the entire recovery is made without any notice or opportunity of hearing and is patently illegal being in violation of principles of natural justice. 4. Learned State Counsel would submit that during the period July 2013 to March 2024 petitioners were mistakenly paid excess salary on account of wrong pay fixation and therefore, the same was recovered. He further submits that petitioners had submitted undertaking mentioning that if any payment is made to them in excess, they will return the same or the authorities will be at liberty to recover it from them. Therefore, the petitioners are now estopped from challenging the impugned recovery order. 5. Heard learned counsel for parties and perused the documents available in record of writ petition. 6. In the case of Rafiq Masih (supra), Hon’ble Supreme Court considering the issue of recovery of amount paid in excess has summarized the situations where in certain cases even 18 recovery from the employee by the employer would not be permissible in law. In Para-18 it was observed thus:- "18. It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law: (i) Recovery from employees belonging to Class-III and Class-IV service (or Group C and Group D service). (ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery. (iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued. (iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post. (v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover." 19 7. In case of Jagdev Singh (supra), Hon’ble Supreme Court though had considered the issue with regard to the undertaking, however, Para-10 (i) of the decision in case of Rafiq Masih (supra) has not been overruled or interfered. This aspect is also considered by the Division Bench of this Court in case of Labha Ram Dhruv (Supra) and observed thus: “9.In the case at hand, the Revision of Pay Rules, 2009 and 2017 do not make any enabling provision reserving option for the employer to seek refund of the amount paid in excess, by making the employee to furnish an undertaking. Even if we conclude, for the sake of arguments, that even in the absence of enabling provision under the Rules, undertaking given by the employee would operate, the fact remains that against the classes of employees against whom recovery would be impermissible in law, as held by the Hon’ble Supreme Court in the matter of Rafiq Masih (Supra), recovery from the employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service) would still be impermissible in law. Meaning thereby that even when undertaking is submitted by the employee, but he otherwise belongs to Class-III and Class-IV service, and the amount has been paid more than 5 years back, the law declared by the Hon’ble Supreme Court in the matter of Rafiq Masih (Supra) would still hold the field in favour of such employees, because the judgment in the matter of Rafiq Masih (Supra) has not been overruled, but 20 only clarified, by the Hon’ble Supreme Court in its later judgment in the matter of Jagdev Singh, Supra” 8. From perusal of the above it is clear that the recovery from the employees belonging to Class-III and Class-IV category (or Group 'C' and Group 'D' service) is impermissible in law. Meaning thereby that even if undertaking is submitted by the employee, but he otherwise belongs to Class-III or Class-IV service, recovery of excess amount paid from him/her is impermissible. 9. In the case at hand, admittedly, petitioners are working on the post of Class-III cadre in the Forest Department. It is also not the case of respondents that petitioners had received excess payment by practicing fraud or by making misrepresentation. Thus, petitioners cannot be compelled to refund the amount which has been paid by the respondents on their own without any misrepresentation or fraud on the part of petitioners. 10.So far as undertaking submitted by petitioners during course of employment is concerned, the Division Bench of this High Court in Labha Ram Dhruv (supra), while considering the issue of undertaking has held that giving of such an undertaking is not a voluntary act and recovery on that basis, therefore, cannot be sustained. The Division Bench in Para-9 has held thus:- “9.In the case at hand, the Revision of Pay Rules, 2009 and 2017 do not make any enabling provision 21 reserving option for the employer to seek refund of the amount paid in excess, by making the employee to furnish an undertaking. Even if we conclude, for the sake of arguments, that even in the absence of enabling provision under the Rules, undertaking given by the employee would operate, the fact remains that against the classes of employees against whom recovery would be impermissible in law, as held by the Hon’ble Supreme Court in the matter of Rafiq Masih (Supra), recovery from the employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service) would still be impermissible in law. Meaning thereby that even when undertaking is submitted by the employee, but he otherwise belongs to Class-III and Class-IV service, and the amount has been paid more than 5 years back, the law declared by the Hon’ble Supreme Court in the matter of Rafiq Masih (Supra) would still hold the field in favour of such employees, because the judgment in the matter of Rafiq Masih (Supra) has not been overruled, but only clarified, by the Hon’ble Supreme Court in its later judgment in the matter of Jagdev Singh, Supra.” 11.In light of above decisions and in the given facts and circumstances of the case, in the considered opinion of this Court, the respondents cannot be permitted to effect recovery from the petitioners of the amount paid in excess and being so, recovery against petitioners is not sustainable. 12. Consequently, writ petitions are allowed. Impugned order of recovery dated 7.5.2024 passed against petitioners is hereby quashed. If recovery is already made, respondents are 22 directed to refund the amount so recovered to petitioners within a period of four months from the date of receipt of copy of order, failing which aforesaid amount shall carry interest @ 6% per annum till actual date of payment. 13. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-