1 2026:CGHC:16918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6078 of 2022  Rajesh Ram S/o Late Shri Shyam Lal Ram Aged About 45 Years R/o Village- Nimgaon, Post Office- Paku, Tahsil- Jashpur, District : Jashpur, Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary Department Of Tribal Welfare, Mahanadi Bhavan, Raipur, District : Raipur, Chhattisgarh 2. Assistant Commissioner Tribal Development, Jashpur, District : Jashpur, Chhattisgarh 3. District Education Officer Jashpur, District : Jashpur, Chhattisgarh 4. Joint Director Treasury, Accounts And Pension, Divison Bilaspur, District : Bilaspur, Chhattisgarh 5. Collector Jashpur, Distt. Jashpur, Chhattisgarh. 6. District Treasury Officer Jashpur District- Jashpur Chhattisgarh. 7. Block Education Officer Jashpur, District- Jashpur Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Manish Sharma, Advocate For State : Mr. Anmol Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 13.04 .2026 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondents authorities to consider the case of the petitioner for refund of Rs. 3,00,349/ with interest of 6% per annum, as per SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.04.15 16:49:12 +0530 2 the order passed earlier by this Hon'ble Court in W.P.(S) No. 2616/2009 within stipulated time period. 10.2 Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favour of the petitioner together with cost of the petition.” 2. Facts in brief are that father of the petitioner was working on the post of Assistant Teacher and retired from services on 31.05.2005, and thereafter, order of recovery was passed without affording any opportunity of hearing on 20.03.2007, whereby, recovery to the tune of Rs. 3,00,349/- was directed against father of the petitioner, said order of recovery was challenged by filing WPS No. 2616 of 2019 and said order was quashed and further direction was issued to refund the amount already recovered. 3. Learned counsel for the petitioner would submit that the Government servant, namely, Shyam Lal Ram passed away and this petition has been filed by his son for refund of recovery amount to the tune of Rs. 3,00,349/- with interest. He would submit that pursuant to order of recovery dated 20.03.2007 the above referred amount was recovered from account of his father and despite their being a direction in WPS No. 2616 of 2009 said amount has not been refunded. He would pray for a specific direction. 4. On the other hand, learned counsel appearing for the State would submit that though an order of recovery was issued, which was quashed in WPS No. 2616 of 2009, but no recovery proceeding was ever initiated against the Government servant after passing of the order dated 24.01.2011. It is also contended that single penny was not recovered from account of the Government servant during his lifetime. He would submit that the petition is misconceived and deserves to be dismissed. 3 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Perusal of the writ petition and annexed documents would show that the petitioner has not placed a single document to demonstrate the fact that any amount was recovered from account of father of the petitioner, who was Government servant. The order of recovery was quashed vide order dated 24.01.2011 in WPS No. 2616 of 2009. 7. Perusal of return filed by the State would show that after 24.01.2011 no proceeding was ever initiated against the father of the petitioner to recover amount of Rs. 3,00,349/-. 8. As the petitioner has not placed on record any document to demonstrate that Rs. 3,00,349/- was recovered from account of his father, no relief can be granted, accordingly, this petition fails and is hereby dismissed. Further, the petitioner would be at liberty to take recourse to Civil law of recovery of said amount, if so advised. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant