Paleshwarpuri Goswami vs State Of Chhattisgarh
2023 Latest Caselaw 900 Chatt

Citation : 2023 Latest Caselaw 900 Chatt
Judgement Date : 10 February, 2023

Chattisgarh High Court

Paleshwarpuri Goswami vs State Of Chhattisgarh on 10 February, 2023

                           HIGH COURT OF CHHATTISGARH, BILASPUR

                                             Order Sheet

                                         WPS No.1232 of 2023

                   Paleshwarpuri Goswami Versus State of Chhattisgarh & Ors.




10.02.2023           Mr. Rishi Rahul Soni, Advocate for the petitioner.
                     Mr. Anshuman Shrivastava, Panel Lawyer for State.
                     Heard.
                     Issue notice to the respondents.

Mr. Anshuman Shrivastava, Panel Lawyer accepts notice on behalf of State/respondents No. 1 to 4, hence process fee is not required to be paid for issuance of notice to respondents. He prays for and is granted three weeks time to file reply.

Also heard IA No.01/2023, an application for grant of interim relief. Learned counsel for the petitioner submits that the petitioner is working as Chief Warden at Central Jail, Bilaspur. Petitioner is on the verge of retirement. Respondent No.3 issued letter dated 25.1.2023 to the petitioner for recovery of amount Rs.1,54,899/- mentioning that the same is paid in excess to him. He submits that the petitioner cannot be held liable even if some excess payment is made. Recovery of excess payment from class-III and IV employees is not permissible. In support of his contention, he places reliance upon decision in case of State of Punjab vs. Rafique Masih reported in (2015) 4 SCC 334.. He also placed reliance of the judgment of Supreme Court in the case of Thomas Daniel v. State of Kerala & ors (Civil Appeal No.7115/2010) decided on 2.5.2022.

Considering the submissions of the petitioner and decisions of the Supreme Court, purely as an interim measure, it is directed that effect and operation of letter dated 25.1.2023 (Annexure P-1) shall remain stayed till next date of hearing.

List this case on 4th April, 2023.

Sd/-

                                                              (Parth Prateem Sahu)
  Nisha                                                               Judge