Smt. Pratima Patanwar vs State Of Chhattisgarh
2022 Latest Caselaw 3889 Chatt

                                     1

            HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                          W.P.(S) No. 4075 of 2022
   Smt. Pratima Patanwar, W/o Shri Vidya Sagar Patanwar Aged About 57 Years
   R/o House No. 256, Kapil Nagar Sarkanda, Bilaspur District Bilaspur (C.G.)
                                                                          ---- Petitioner
                                  Versus
1. State Of Chhattisgarh Through The Secretary Health Department, Mantralay,
   Mahanadi Bhawan, Naya Raipur District Raipur (C.G.)
2. Chief Medical And Health Officer, Bilaspur, District Bilaspur (C.G.)
3. Divisional Joint Director Treasury, Accounts And Pension, Bilaspur, District
   Bilaspur (C.G.)
4. Block Health Officer Community Health Centre Bilha, District Bilaspur (C.G.)
5. District Treasury Officer Bilaspur, District Bilaspur (C.G.)
                                                                   ---- Respondents

20/06/2022 Shri Prateek Sharma, Advocate for the petitioner.

Shri Avinash Singh, P.L. for the State. Heard on petition as well as on I.A. No.1 of 2022, an application for grant of interim relief.

Learned counsel for the petitioner submits that the petitioner is giving his services as Staff Nurse since 1989. On the ground that the petitioner was erroneously granted some advance increments, a recovery order has been passed against her, which is dated 19.5.2022 (Annexure-P/1) and dated 25.4.2022 (Annexure-P/2). It is further submitted that the case of the petitioner is clearly covered by the judgment of Supreme Court in the case of State of Punjab vs. Rafiq Masih, reported in (2015) 4 SCC 334, hence, such a recovery cannot be made from her. Hence, it is prayed that appropriate

orders may be passed.

Learned State counsel opposes the submissions made by counsel for the petitioner and prays for time to file reply.

Time is granted accordingly.

List this case after four weeks.

In the meanwhile, it is ordered that the operation of the impugned orders (Annexure-P/1 & P/2) shall remain stayed until the next date of hearing.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Nimmi