Balkrishna Tiwari vs State Of Chhattisgarh
2025 Latest Caselaw 3394 Chatt

Chattisgarh High Court

Balkrishna Tiwari vs State Of Chhattisgarh on 25 August, 2025

                                       1




          HIGH COURT OF CHHATTISGARH AT BILASPUR

                            WPS No. 9948 of 2025


1 - Balkrishna Tiwari S/o Late Dr. J.C. Tiwary Aged About 62 Years Reader
Grade- I, Commercial Court (District Judge Level) Naya Raipur, Atal Nagar,
District- Raipur (C.G.)
                                                                ... Petitioner(s)


                                    versus


1 - State Of Chhattisgarh Through- Principal Secretary, Government Of
Chhattisgarh, Law And Legislative Affairs Department, Mahanadi Bhawan,
Mantralaya, Nava Raipur, Atal Nagar, Raipur (C.G.)

2 - The Registrar General Honble High Court Of Chhattisgarh, Bodri Bilaspur
District Bilaspur (C.G.)

3 - The Principal District And Sessions Judge Balodabazar District- Balodabazar-
Bhatapara (C.G.)

4 - Judge Commercial Court (District Judge Level), Naya Raipur, Atal Nagar
District Raipur (C.G.)

5 - Joint Director Treasury Accounts And Pension, City Treasury, Nagar Ghadi
Chowk, Raipur (C.G.)

6 - Kailash Sahu The Then A.S.A- Accounts And Pension City Treasury, Nagar
                                           2

Ghadi Chowk, Raipur, (C.G.) At Present A.S.A.- Pension Shakha, District
Treasury, Durg (C.G.)
                                                      ... Respondent(s)

Order Sheet

25/08/2025 Mr.Pawan Kesharwani, Advocate along with Ms. Aditi

Diwan, learned counsel for the Petitioner.

Mr. Suyashdhar Badgaiya, Dy. Govt. Advocate for the

Respondent No. 1 and 5/ State.

Mr. Dhiraj Wankhede, learned counsel for the Respondent

No. 2 to 4.

Issue notice to the Respondent No. 6 on payment of

process fee as per rules.

Learned counsel for the respective respondents prays for

and is granted 04 weeks' time to file reply in the matter.

Also heard on I.A. No. 01/2025 which is an application for

grant of interim relief.

Learned counsel for the petitioner would submit that the

petitioner is presently working as Reader Grade-I and posted at

Commercial Court, Raipur, is going to be retired on 30.09.2025.

On 02.08.2025, an order of recovery of Rs. 2,22,603/- has been

issued against him for wrong fixation of pay scale from October,

2013 to May, 2019. He would also submit that as per the

judgment passed by Hon'ble Supreme Court in the matter of

State of Punjab & Others Vs. Rafiq Masih & Others reported in

(2015) 4 SCC 334, the recovery cannot be made from the

employee who is going to be retired within one year from the date

of issuance of notice. He would also submit that he is not at any

fault in fixation of his pay scale and benefit was provide since

2013 till date and therefore, the impugned order of recovery may

be stayed.

Considering the submission made by learned counsel for

the petitioner, purely as an interim measure, the effect and

operation of the order dated 02.08.2025 (Annexure-P/1) with

respect to the recovery from the petitioner and order dated

12.08.2025 annexed at Page No. 21 of the petitioner shall remain

stayed till the next date of hearing.

List this case after 04 weeks.

Sd/-

(Ravindra Kumar Agrawal) Judge

sagrika

SAGRIKA AGRAWAL AGRAWAL Date:

2025.08.26 18:15:36 +0530