Shrikant Saroj vs State Of Chhattisgarh
2025 Latest Caselaw 2880 Chatt

Chattisgarh High Court

Shrikant Saroj vs State Of Chhattisgarh on 22 August, 2025

                                         1




          HIGH COURT OF CHHATTISGARH AT BILASPUR

                             WPS No. 9081 of 2025

1 - Shrikant Saroj S/o Late Surendra Kumar Saroj, Aged About 64 Years R/o
Sapna Pinku City Rampur Ward Dhamtari, District Dhamtari (C.G.)
                                                                  ... Petitioner(s)
                                   versus
1 - State Of Chhattisgarh Through Its Secretary Department Of Health And
Family Welfare, Mahanadi Bhawan, New Raipur, District Raipur (C.G.)
2 - Chief Medical And Health Officer, Bastar, District Jagdalpur Bastar, District
Bastar Chhattisgarh
3 - Block Medical Officer, Community Health Center, Nangoor District Bastar
(Chhattisgarh)
                                                              ... Respondent(s)

Order on Board

22/08/2025 Shri Vinod Kumar Sharma, Advocate for the Petitioner.

Shri Santosh Bharat, Panel Lawyer for the State. The state counsel prays for and is granted four weeks

time to file reply.

Also heard on IA No.01/2025 which is an application

for grant of interim relief.

Learned counsel for the petitioner would submit that

the wife of the petitioner was working as Women Supervisor

and posted at Community Health Centre, Nangoor, District

Bastar. During her tenure she died on 13.11.2023 and

thereafter an order dated 01.05.2025 has been issued by the

respondent No.3 directing the petitioner, who is husband of

deceased employee, to deposit an amount of Rs.6,31,585/-

which was allegedly paid to deceased employee on account

of wrong fixation of pay scale from the period of September,

2006 to June, 2018. The petitioner is a Class-III employee

and in view of judgment of Supreme Court in State of

Punjab Vs. Rafiq Masih (White Washer) etc. 2015 AIR

SCW 501 the excess payment made to an employee without

any fault on their part cannot be recovered from her family

member after her death that too after five years.

Considering the submissions made by the counsel for

the petitioner, purely as an interim measure the effect and

operation of the impugned order dated 01.05.2025 shall

remain stayed and no recovery shall be made from the

petitioner till the next date of hearing.

List this case after four weeks.

Sd/-

(Ravindra Kumar Agrawal) Judge Inder