Smt. Chandrakanta Mishra v. State of Chhattisgarh
Case brief
What is this about?
Recovery of excess pay; Kramonnat Vetanman; Shiksha Karmi Grade-III; cancellation of revised pay scale; clarification dated 22.01.2014 Clause-7; recovery orders without opportunity of hearing; principles of natural justice; reduction of pay scale as punitive action; grossly arbitrary and illegal; Jagdish Prasad Singh v. State of Bihar (2024 SCC OnLine SC 1909) followed; Rafiq Masih / Syed Abdul Qadir / ITC / Thomas Daniel recovery principles reproduced; Chhattisgarh School Education and Panchayat & Rural Development Departments; Zila Panchayat Kabirdham; DEO Kawardha; BEO Bodla; earlier stay in Writ Petition (S) No. 3010 of 2020 (Vinod Kumar Sinha) vide order dated 07.08.2020 against order dated 17.03.2020; writ petitions allowed; recovery orders quashed; fresh consideration after hearing directed.
What did the court decide?
Writ petitions allowed; impugned orders of recovery set aside/quashed; respondents directed to consider and decide the claim of each petitioner in accordance with law and pass appropriate orders after giving proper opportunity of hearing to each petitioner.