1 CGHC010332502019 2026:CGHC:36212 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8293 of 2019 1 - Puniya Bai W/o Late Shri Chintaram Sahu, Aged About 54 Years R/o Hasda Near Manik Chowk, Police Station Abhanpur, Tahsil Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - Chhattisgarh State Power Distribution Copany Ltd., Daganiya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Manager, Finance / Pension, Chhattisgarh State Power Distribution Company Ltd., Daganiya , Raipur Chhattisgarh. 3 - Chief Executive Engineer, ( Sa / Sa ) Division Chhattisgarh State Power Distribution Company Ltd., Raipur Chhattisgarh., 4 - Assistant Engineer, Chhattisgarh State Power Distribution Company Ltd., Mana, Raipur Chhattisgarh. 5 - Senior Accountant, Chhattisgarh State Power Distribution Company Ltd. Raipur Chhattisgarh., ... Respondent(s) For Petitioner(s) : Ms. Sakshi Gupta, advocate appears on behalf of Ms. Renu Kochar, Advocate For Respondent : : Mr. Raja Sharma, Advocate Hon’ble Shri Sanjay K. Agrawal, Judge Order on Board 14.08.2026 1. The present writ petition has been filed seeking for following relief(s):- 10.1 That this Hon'ble Court may kindly be pleased to produce the entire record of the case for kind perusal of this Hon'ble Court. 10.2 That this Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari and quash the impugned order dated 04.05.2019 Annexure P/4. That the Hon'ble Court may direct respondent authorities in case, if the amount is already recovered than to refund the excess amount recovered from the petitioner with interest. Further respondent authorities may be directed to pay petitioner family pension what she was receiving before the date on Digitally signed by JYOTI JHA Date: 2026.08.14 17:54:31 +0530 2 which recovery has been made, after including all the benefit which she is entitle to receive in the interst of justice. 10.3 That this Hon'ble court may be further pleased to pass any other consequential and other orders/ writs which this Hon'ble court deems just and proper in the facts and circumstances of the case. 2. Learned counsel for the petitioner further submits that the impugned order dated 04.05.2019, directing recovery of Rs.1,66,508/- towards alleged excess payment of family pension for the period from 06.02.2018 to 30.04.2019, has been passed without issuing any notice or affording an opportunity of hearing to the petitioner, in violation of the principles of natural justice and Article 14 of the Constitution of India. It is, therefore, prayed that the impugned order be quashed and, if any amount has already been recovered, the same be refunded to the petitioner with interest, and her family pension be restored with all consequential benefits. 3. Learned counsel for the respondents supports the impugned order and submits that the recovery of Rs.1,66,508/- has been rightly directed on account of excess payment of family pension made to the petitioner. 4. Having considered the submissions made by learned counsel for the parties and taking into consideration the fact that the amount sought to be recovered has been quantified without affording an opportunity of hearing to the petitioner, the impugned order dated 04.05.2019 (Annexure P/4) is hereby set aside. However, liberty is reserved in favour of the respondents to pass a fresh order, if so required, in accordance with law after affording an opportunity of hearing to the petitioner. 5. Accordingly, the present writ petition stands disposed of. Sd/- (Sanjay K. Agrawal) Judge Jyoti