Citation : 2025 Latest Caselaw 4288 Chatt
Judgement Date : 8 September, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 9373 of 2025
1 - Smt. Geeta Ghritlahre W/o Shri Ghanaram Ghritlahre Aged About 52 Years
Working As Teacher (L.B.) At Government Middle School, Todgaon, Block-
Arang, District- Raipur, C.G.
... Petitioner(s)
versus
1 - State of Chhattisgarh Through The Secretary, Department of Education,
Mahanadi Bhawan New Mantralaya, Atal Nagar, Naya Raipur, District Raipur,
C.G.
2 - The Director Directorate of Public Instructions, Indravati Bhawan, Atal Nagar,
Naya Raipur, District Raipur, C.G.
3 - The Collector Raipur, District Raipur, C.G.
4 - The District Education Officer Raipur, District Raipur, C.G.
5 - The Block Education Officer Block- Aranga, District Raipur, C.G.
... Respondent(s)
Order on Board
08/09/2025 Shri Palash Agrawal, Advocate for the Petitioner.
Shri Sabyasachi Choubey, 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 petitioner is working as Teacher (LB) and in lieu of wrong fixation of pay from 01.05.2013 till 01.03.2025, an order of recovery of Rs.6,32,251/- has been made by the respondent No.5. Pay fixation of the petitioner is in accordance with
notification dated 17.05.2013 and she is not at any fault, yet the department has issued recovery order of such huge amount and directed the petitioner to submit her consent with respect to deductions which are to be made from her salary. He would further submit that 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.
Considering the submissions made by the counsel for the petitioner, purely as an interim measure no recovery shall be made from the petitioner pursuant to impugned letter dated 09.07.2025 and calculation sheet annexed with the said order, till the next date of hearing.
List this case after four weeks.
Sd/-
(Ravindra Kumar Agrawal) Judge
Inder
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