Smt. E. Walter vs State Of Chhattisgarh
2021 Latest Caselaw 1045 Chatt

                                             1


                                                                                NAFR

                   HIGH COURT OF CHHATTISGARH AT BILASPUR

                                 WPS No. 3339 of 2021
     Smt. E. Walter, W/o Shri Sudhir Walter, Aged About 60 Years Presently
     Posted As Nursing Sister, Government Ayurved College, Raipur,
     Chhattisgarh.
                                                                      ---- Petitioner
                                          Versus
     1.      State Of Chhattisgarh Through, The Secretary, Department Of Health
             And Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar,
             District - Raipur, Chhattisgarh.
     2.      The Principal Secretary Department Of Finance Mahanadi Bhawan,
             Atal Nagar, District - Raipur, Chhattisgarh
     3.      The Superintendent, Government Ayurved University Hospital, Raipur
             Chhattisgarh District - Raipur, Chhattisgarh.
     4.      The Director Treasury Accounts And Pension, Indrawati Bhawan, Atal
             Nagar, Raipur, Chhattisgarh.
     5.      The Joint Director     Treasury Accounts And         Pension,   Raipur,
             Chhattisgarh.
     6.      Drawing And Disbursement Officer, Raipur, Chhattisgarh.


                                                                  ----Respondents

     For Petitioner                   :     Ms. Juhi Jaiswal, Advocate
     For State                        :     Mr. Jitendra Pali, Dy. A.G.


                          Hon'ble Shri Justice P. Sam Koshy
                                   Order on Board

12/07/2021

1. The present writ petition has been filed assailing the show cause

notice dated 04.06.2021, whereby the petitioner has been called upon

to give an explanation, as to why recovery proceedings should not be

initiated against an alleged erroneous fixation of pay and the resultant

excess payment made to the petitioner who is in service.

2. The whole issue seems to be certain excess payment made to the

petitioner on account of three advance increments allegedly

erroneously paid to the petitioner on account of they having acquired

the qualification of decree/diploma in Nursing.

3. The present is a second round of litigation. The respondents had

initially issued an order of recovery to the tune of Rs. 3,56,983/- vide

order dated 07.08.2020. The same was subjected to challenge in

WPS No. 714/2021. The said order was quashed primarily on the

ground of an opportunity of hearing not being granted before passing

of the recovery order. The right of the respondents-State was reserved

to proceed further after giving a fair opportunity of hearing to the

petitioner vide judgment dated 26.02.2021. It is pursuant to this that

the present show cause notice that has been issued on 04.06.2021.

4. During the course of the hearing, it has been revealed that before

issuance of the impugned order two writ petitions of similar nature

came up for hearing before this High Court i.e. WPS Nos. 5654/2017

and 2849/2021. The two writ petitions were disposed of on 14.06.2021

and 24.06.2021 respectively. While deciding WPS No. 5654/2017 vide

judgment dated 14.06.2021, it was found that there were certain

correspondences, which were made between the State of Madhya

Pradesh as also with the State of Chhattisgarh on the subject matter

issue of grant of advance increments to Nurses who have obtained

decree and diploma in Nursing and it was found that the Government

of Chhattisgarh is yet to take a decision in the light of the inter-

government and inter department communications made on the

subject matter. The WPS No. 5654/2017 was accordingly disposed of

on 14.06.2021 directing the respondents-State to take a decision

preferably within a period of 4 months keeping in view the

correspondences made between the Finance Department and Health

Department on the issue.

5. Subsequent to the disposal of WPS No. 5654/2017, yet another writ

petition WPS No. 2849/2021 also came up for hearing on 24.06.2021.

in the light of the aforementioned order dated 14.06.2021, the said writ

petition also was disposed of awaiting a decision of the State

Government in this regard and in both these writ petitions, while the

writ petitions were disposed of, this Court had restrained the

respondents from initiating further with the impugned order of recovery

against the petitioners in those writ petitions.

6. Today, when the matter is taken up for hearing, the learned State

counsel submits that the Government is yet to take a decision and it is

expected that a decision shall be taken at the earliest. In view of the

fact that a decision is pending consideration at the State Government

level on the subject matter issue, this Court is of the view that the

present writ petition also in the given facts can be disposed of

directing the respondents to defer the proceedings on the show cause

notice till a decision is taken at the government level and to proceed

further only in the light of the decision, which the government would be

taking and the petitioner simultaneously would also be at liberty to

challenge the said outcome of the State Government and any further

steps which the respondents initiate against the petitioner with which if

at all the petitioner is aggrieved.

7. With the aforesaid observations, the present writ petition stands

disposed of.

Sd/-

(P. Sam Koshy) Judge Ved