1 2026:CGHC:11377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 988 of 2019 1 - Kusum Rathore W/o Late Rajendra Rathore Aged About 44 Years Working As Assistant Grade Iii, Municipal Council ,janjgir Naila ,district Jangir Champa Chhattisgarh., District : Janjgir- Champa, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Urban Administriation And Development Mahanadi Bhawan Naya Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Deputy Director (Pension) Office Of Director Urban Administration And Development Block No. 4, 4th Floor Indrwati Bhawan Atal Nagar District Raipur Chhattigarh., District : Raipur, Chhattisgarh 3 - Chief Municipal Officer , Municipal Council Jangir Naila District Jangir Champa Chhattisgarh ., District : Janjgir- Champa, Chhattisgarh ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.03.11 10:59:48 +0530 2 For Petitioner(s) : Mr. Anmol Gupta on behalf of Ms. Vaishali Jeswani, Advocates For Respondent(s) No. 1 & 2/State : Mr. Amit Buxy, Dy. G.A. For Respondent No. 3 : Mr. Vivek Sahu on behalf of Mr. Rahul Mishra, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 10.03.2026 1. Petitioner herein is aggrieved with the impugned order dated 11/01/2019 (Annexure P/2) by which half the sum of Rs. 74,011/- is sought to be recovered from her. 2. Learned counsel for the petitioner would submit that though the petitioner was posted as a Dispatch Clerk at the relevant point of time, however, she is not responsible for the delay caused in finalizing the pension case of one Abdul Jahir and without giving her any opportunity of hearing, straightway impugned order has been passed directing the petitioner for recovery of half of the sum of interest payable to Abdul Jahir, which is unsustainable and bad in law, as such, the impugned order is liable to be set aside. 3. Learned counsel for the respondents would support the impugned order and submit that the instant writ petition is liable to be dismissed. 3 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 5. Though this Court, vide order dated 03/07/2018 passed in WPS No. 4301/2018 (Abdul Jahir v. State of Chhattisgarh and Others) directed the Commissioner, Municipal Corporation, Bilaspur for releasing the retiral dues and pensionary benefits payable to Abdul Jahir along with interest, but the respondent No. 3, holding the petitioner as well as one Pushkar Nayak responsible for the delay in finalizing the case of Abdul Jahir, held them liable for the amount of interest paid to Abdul Jahir and without conducting any inquiry and without affording an opportunity of hearing to the petitioner, straightway order of recovery of half of the interest amount has been passed against her, which is in violation of principle of natural justice. Accordingly, the impugned order dated 11/01/2019 (Annexure P/2) directing that half the sum of Rs. 74,011/- will be recovered from the petitioner is hereby quashed. However, respondent No. 3 is granted the liberty to proceed in accordance with law. 4 6. Accordingly, this writ petition is allowed to the extent indicated herein-above. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet