SMT. CHAMPI HIRWANI Vs. STATE OF CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) By this petition the petitioner has challenged the validity of the order dated 24-4-2006 (Annexure P-2) to the extent of giving effect the date of second up - gradation from 1-8-2003 instead of 1-1-1999 and the order dated 7-7- 2008 (Annexure P-4), whereby the respondents have directed recovery of a sum of Rs. 53,036.00 (Fifty Three Thousand and Thirty Six) from the retiral dues of the husband of the petitioner.

(2.) Learned Counsel appearing for the petitioner submits that the husband of the petitioner was working on the post of Assistant Teacher and he completed 24 years of service on 13-3-1999. Thereafter, the husband of the petitioner was granted second Kramonnati vide order dated 17-10-2000 (Annexure P-1) w.e.f. 1-1-1998. The husband of the petitioner died on 9-4-2008. Thereafter, the respondent No. 3 issued the impugned order dated 7-7-2008 (Annexure P-4) for recovery of Rs. 53036.00 towards excess payment on account of second Kramonnati paid during the period 1-1-1998 to 31-3-2008. The impugned order of recovery has been passed without affording an opportunity of hearing to the petitioner.

(3.) In support of his contention that the recovery cannot be made without affording on opportunity of hearing, learned Counsel relies on a decision of Honourable the Supreme Court in Sahib Ram Vs. State of Haryana and others, 1995 Supp (1) SCC 20 a decision of this Court in Vidyadhar Tiwari Vs. State of Chhattisgarh and others, 2006 (1) M.P.H.T. 105 (CG) and R.R. Tiwari Vs. State of C.G. and others, 2008 (2) CGLJ 390.