Radheshyam Pandey @ R.S. Pandey vs State Of Chhattisgarh
2025 Latest Caselaw 362 Chatt

Chattisgarh High Court

Radheshyam Pandey @ R.S. Pandey vs State Of Chhattisgarh on 4 July, 2025

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          HIGH COURT OF CHHATTISGARH AT BILASPUR

                             WPS No. 5692 of 2025

1 - Radheshyam Pandey @ R.S. Pandey S/o Late Shri Brindavan Pandey Aged
About 63 Years Retired As Office Superintendent From The Office Of Collector
Ambikapur, District Surguja, Chhattisgarh, R/o Uttar Ring Road, Bouripara,
Ambikapur, District Surguja, Chhattisgarh.
                                                                 ... Petitioner(s)
                                      versus
1 - State of Chhattisgarh Through The Principal Secretary, Revenue And
Disaster Management Department, Mahanadi Bhawan, New Raipur, District
Raipur (C.G.).
2 - The Collector Ambikapur, District Surguja, Chhattisgarh.
3 - The Joint Director Accounts Treasury and Pension Ambikapur, District
Surguja, Chhattisgarh.
                                                             ... Respondent(s)

Order Sheet

04/07/2025 Shri Sidharth Pandey, Advocate for the Petitioner.

Shri Shreyansh Mehta, Panel Lawyer for the State. The state counsel prays for and is granted two 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 petitioner stood retired from the post of Office Superintendent w.e.f. 31.01.2025 and till date his retiral dues have not been paid to him. Instead of paying retiral dues, on 06.05.2025 the respondent No.2 issued a letter to him asking for his consent to recover excess payment of

Rs.72,321/- from his retiral dues. 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 particularly when the employee has been retired.

Considering the submissions made by the counsel for the petitioner, purely as an interim measure the effect and operation of the impugned letter dated 06.05.2025 shall remain stayed till the next date of hearing.

List this case after two weeks.

Sd/-

(Ravindra Kumar Agrawal) Judge

Inder