Ganesh Prasad Kaushik v. State of Chhattisgarh

Chhattisgarh HC21 Jan 2025WPS/93/2024

Case brief

AI extract

What is this about?

Recovery of excess pay; Kramonnat Vetanman; Shiksha Karmi Grade-III; cancellation of revised pay scale; Clause-7 clarification dated 22.01.2014; recovery order quashed; reduction of pay scale punitive action; violation of natural justice; no fraud by employee; Jagdish Prasad Singh v. State of Bihar 2024 SCC OnLine SC 1909; Rafiq Masih 2015 (4) SCC 334; Thomas Daniel; Syed Abdul Qadir (2009) 3 SCC 475; ITC Limited (2011) 7 SCC 493; Chhattisgarh HC Bilaspur; Kabirdham; Bodla; Kawardha; Zila Panchayat; batch of WPS writ petitions allowed on 22.01.2025.

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. ¶663

Ganesh Prasad Kaushik Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶663

Issue for consideration

Whether the recovery orders passed against the petitioners without affording an opportunity of hearing, in violation of the principles of natural justice, are sustainable in law and deserve to be quashed. +2 more

¶617

Court's answer

The recovery orders issued by the respondent authorities are not sustainable in the eyes of law and deserve to be quashed.

¶662

Ratio / Principle

Any step of reduction in the pay scale and recovery from a Government employee tantamounts to a punitive action with drastic civil consequences; the impugned action directing reduction of pay scale and recovery of excess amount is grossly arbitrary and illegal and suffers from non-adherence to the principles of natural justice, and hence cannot be sustained.

¶662

Key takeaways

The petitioners were not the Pay-Fixation authority as per the rules applicable to them; it cannot be said that they committed any fraudulent act or were involved in pay fixation, and there was no fault on their part.ratio¶629
Clause-7 of the State Government clarification dated 22.01.2014 is amenable to the interpretation that Teachers (Panchayat) given promotion in pay scale after completing ten years of service are also to be given the revised pay scale of the category in which they work, with weightage; the respondent authorities misinterpreted and misapplied the said clarification to the detriment of the petitioners while issuing the recovery orders.ratio¶660

Detailed headnote1 paragraphs

Common order of a Single Judge (Amitendra Kishore Prasad, J.), High Court of Chhattisgarh at Bilaspur, dated 22.01.2025, allowing a batch of 52 writ petitions (lead case WPS No. 9521 of 2023) filed by Headmasters, former Shiksha Karmi Grade-III employees posted under various Janpad Panchayats in District Kabirdham, challenging recovery orders directing deposit of alleged excess payment through challan and reduction of pay scale without opportunity of hearing, following cancellation of 'Kramonnat Vetanman'/revised pay-scale benefits pursuant to a clarification dated 22.01.2014 (Clause-7). Held: the petitioners were not the Pay-Fixation authority and committed no fraudulent act; the clarification was misinterpreted and misapplied to their detriment; taking into account the law laid down in Jagdish Prasad Singh v. State of Bihar (2024 SCC OnLine SC 1909) (with Rafiq Masih, Syed Abdul Qadir, ITC Ltd. and Thomas Daniel reproduced therein), the recovery orders were unsustainable; reduction of pay scale and recovery from a Government employee tantamounts to punitive action and is grossly arbitrary, illegal and violative of natural justice. Recovery orders quashed; respondents directed to reconsider each petitioner's claim after proper hearing.

¶1

Digitally signed YOGESH by YOGESHTIWARI TIWARI Date: 2025.02.12 11:40:08 +0530

2025:CGHC:3952

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶6

WPS No. 9521 of 2023

¶7

Puran Singh Porte S/o Dhalgan Singh, Aged About 49 Years Working As Headmaster, Primary School, R/o Village Barenda, Tahsil Bodla, District Kabirdham Chhattisgarh.

¶8

--- Petitioner

¶9

versus

¶10

1 - State of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶11

2 - The Secretary, Government of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur Chhattisgarh.

¶12

3 - The Director, Directorate of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.

¶13

4 - The District Education Officer, Kawardha, District : Kabirdham, Chhattisgarh

¶14

5 - The Block Education Officer, Bodla, District Kabirdham Chhattisgarh.

¶15

6 - The Chief Executive Officer, Zila Panchayat, Kabirdham, District Kabirdham Chhattisgarh.

¶16

--- Respondents

¶17

WPS No. 9540 of 2023

¶18

Basant Singh S/o Khilawan Singh Aged About 57 Years Working As Headmaster, Govt. Primary School, Baghamuda, Block- Kawardha,, District : Kabirdham, Chhattisgarh

--- Petitioner

Versus

1 - State of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar,, District : Raipur, Chhattisgarh

¶23

2 - The Secretary Government of Chhattisgarh, Panchayat And Rural Development, Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, District : Raipur, Chhattisgarh

¶24

3 - The Director Directorate of Public Instructions, Atal Nagar, Nawa Raipur,, District : Raipur, Chhattisgarh

¶25

4 - The District Education Officer Kawardha,, District : Kabirdham, Chhattisgarh

¶26

5 - The Block Education Officer Bodla,, District : Kabirdham, Chhattisgarh

¶27

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District :Kabirdham, Chhattisgarh

¶28

--- Respondents

¶29

WPS No. 9543 of 2023

¶30

Gokul Prasad Chandrakar S/o Tekram Chandrakar Aged About 52 Years Working As Headmaster, Govt. Primary School, Bandaura, Block- Kawardha, District : Kabirdham, Chhattisgarh

¶31

--- Petitioner

¶32

Versus

¶33

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶34

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh

¶35

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶36

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶37

5 - The Block Education Officer Bodla, District : Kabirdham, Chhattisgarh

¶38

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham), Chhattisgarh

¶39

--- Respondents

¶40

¶41

WPS No. 9655 of 2023

¶42

Birbal Singh Chhedavi S/o Late Shri Prabhu Singh Chhedavi Aged About 53 Years Working As Headmaster, Primary School R/o VillageBhalpahri, Post- Madmada, Block- Bodla,, District : Kabirdham, Chhattisgarh

¶43

--- Petitioner

¶44

Versus

¶45

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar,, District : Raipur, Chhattisgarh

¶46

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development, Department Mantralya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh

¶47

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur,, District : Raipur, Chhattisgarh

¶48

4 - The District Education Officer, Kawardha, District : Kabirdham, Chhattisgarh

¶49

5 - The Block Education Officer Bodla,, District : Kabirdham, Chhattisgarh

¶50

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶51

--- Respondents

¶52

WPS No. 9500 of 2023

¶53

Smt. Namrata Agrawal Wife Of Pannalal Agrawal, Aged About 48 Years Working As Headmaster Primary School, Resident Of Village - Rengakharkala, Tahsil - Bodla, District - Kabirdham, Chhattisgarh.

¶54

--- Petitioner

¶55

Versus

¶56

1 - State Of Chhattisgarh Through The Secretary, School Education Department Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur, Chhattisgarh.

¶57

2 - The Secretary, Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶58

3 - The Director, Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶59

¶60

4 - The District Education Officer, Kawardha, District - Kabirdham, Chhattisgarh.

¶61

5 - The Block Education Officer, Bodla, District - Kabirdham, Chhattisgarh.

¶62

6 - The Chief Executive Officer, Zila Panchayat, Kabirdham, District - Kabirdham, Chhattisgarh.

¶63

--- Respondents

¶64

WPS No. 9756 of 2023

¶65

Smt. Kasturi Markam W/o Shri Jaisingh Markam Aged About 49 Years Working As Headmistress, Government Primary School, Kawardha, Block- Kawardha,, District : Kabirdham, Chhattisgarh

¶66

--- Petitioner

¶67

Versus

¶68

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar,, District : Raipur, Chhattisgarh

¶69

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Cg

¶70

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District- Raipur, Cg

¶71

4 - The District Education Officer Kawardha,, District : Kabirdham, Chhattisgarh

¶72

5 - The Block Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶73

6 - The Chief Executive Officer Zila Panchayat, Kabirdham,, District : Kabirdham, Chhattisgarh

¶74

--- Respondents

¶75

WPS No. 9697 of 2023

¶76

Smt. Prabha Dhurwe W/o Vijay Kumar Dhurwe Aged About 45 Years Working As Headmaster, Govt. Primary School, Maharatola, Block Kawardha, District Kabirdham (C.G.)

--- Petitioner

Versus

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.)

¶81

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.)

¶82

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶83

4 - The District Education Officer Kawardha, District Kabirdham (C.G.)

¶84

5 - The Block Education Officer Bodla, District Kabirdham (C.G.)

¶85

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District Kabirdham (C.G.)

¶86

--- Respondents

¶87

WPS No. 9664 of 2023

¶88

Bhadu Singh Dhurve S/o Pancham Singh Dhurve Aged About 49 Years Working As Headmaster, Primary School, Resident Of Koylarjhori, Tahsil - Bodla, District Kabirdham (C.G.)

¶89

--- Petitioner

¶90

Versus

¶91

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.)

¶92

2 - The Secretary Governemnt Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, District Raipur (C.G.)

¶93

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶94

4 - The District Education Officer Kawardha, District Kabirdham (C.G.)

¶95

5 - The Block Education Officer Bodla, District Kabirdham (C.G.)

¶96

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District Kabirdham (C.G.)

¶97

--- Respondents

¶98

WPS No. 9677 of 2023

¶99

Smt. Rambati Meravi W/o Shri Bahoran Meravi Aged About 50 Years Working As Headmaster, Primary School, Govt. Primary

¶100

¶101

School, Sheetalpani, Tahsil Bodla, District : Kabirdham, Chhattisgarh

¶102

--- Petitioner

¶103

Versus

¶104

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶105

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.)

¶106

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶107

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶108

5 - The Block Education Officer Bodla, District : Kabirdham, Chhattisgarh

¶109

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶110

--- Respondents

¶111

WPS No. 9687 of 2023

¶112

Bholaram Banwasi S/o Late Shri Babulal Banwasi Aged About 48 Years Working As Headmaster, Primary School, Resident Of Village - Bhandar, Post-Bodla, Tahsil-Bodla, District Kabirdham (C.G.)

¶113

--- Petitioner

¶114

Versus

¶115

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.)

¶116

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, (C.G.)

¶117

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶118

4 - The District Education Officer Kawardha, District Kabirdham (C.G.)

¶119

5 - The Block Education Officer Bodla, District Kabirdham (C.G.)

¶120

¶121

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District Kabirdham (C.G.)

¶122

--- Respondents

¶123

WPS No. 9701 of 2023

¶124

Smt. Vimla Meravi S/o Shivraj Singh Meravi Aged About 59 Years Working As Headmaster, Primary School, R/o Village Rengakharkala, Tahsil Bodla, District : Kabirdham, Chhattisgarh

¶125

--- Petitioner

¶126

Versus

¶127

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶128

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶129

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶130

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶131

5 - The Block Education Officer Bodla, District : Kabirdham, Chhattisgarh

¶132

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶133

--- Respondents

¶134

WPS No. 9694 of 2023

¶135

Smt. Ahilya Chandrawanshi Wife of Munnalal Chandrawanshi Aged About 51 Years Working As Headmaster Primary School Resident Of Village - Gandaikala, Post - Kharhatta, Block - Bodla, District - Kabirdham, Chhattisgarh.

¶136

--- Petitioner

¶137

Versus

¶138

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur, Chhattisgarh.

¶139

¶140

2 - The Secretary, Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶141

3 - The Director, Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶142

4 - The District Education Officer, Kawardha, District - Kabirdham, Chhattisgarh.

¶143

5 - The Block Education Officer, Bodla, District - Kabirdham, Chhattisgarh.

¶144

6 - The Chief Executive Officer, Zila Panchayat, Kabirdham, District - Kabirdham, Chhattisgarh.

¶145

--- Respondents

¶146

WPS No. 9749 of 2023

¶147

Smt. Anita Murchale W/o Shri Kamal Das Murchale Aged About 47 Years Working As Headmistress, Govt. Primary School, Sivni Khurd, Block- Bodla,, District : Kabirdham, Chhattisgarh

¶148

--- Petitioner

¶149

Versus

¶150

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar,, District : Raipur, Chhattisgarh

¶151

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, CG

¶152

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur,, District : Raipur, Chhattisgarh

¶153

4 - The District Education Officer Kawardha,, District : Kabirdham, Chhattisgarh

¶154

5 - The Block Education Officer Bodla,, District : Kabirdham, Chhattisgarh

¶155

6 - The Chief Executive Officer Zila Panchayat, Kabirdham,, District : Kabirdham, Chhattisgarh

¶156

--- Respondents

¶157

¶158

WPS No. 9691 of 2023

¶159

Heeralal Thakur S/o Punni Ram Thakur Aged About 45 Years Working As Headmaster, Govt. Primary School, Sonpuri (Gudha) BlockKawardha, District : Kabirdham, Chhattisgarh

¶160

--- Petitioner

¶161

Versus

¶162

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶163

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶164

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶165

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶166

5 - The Block Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶167

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶168

--- Respondents

¶169

WPS No. 9685 of 2023

¶170

Taran Das Joshi S/o Samedas Joshi Aged About 55 Years Working As Headmaster, Govt. Primary School, Kutakipar, Block- Kawardha District : Kabirdham, Chhattisgarh

¶171

--- Petitioner

¶172

Versus

¶173

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶174

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶175

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶176

¶177

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶178

5 - The Block Education Officer Bodla, District : Kabirdham, Chhattisgarh

¶179

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶180

--- Respondents

¶181

WPS No. 9692 of 2023

¶182

Gupta Ram Kunjam S/o Jhumuk Ram Kunjam Aged About 52 Years Working As Headmaster, Govt. Primary School, Maraka, Block- District Kabirdham (C.G.)

¶183

--- Petitioner

¶184

Versus

¶185

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.)

¶186

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, (C.G.)

¶187

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶188

4 - The District Education Officer Kawardha, District Kabirdham (C.G.)

¶189

5 - The Block Education Officer Bodla, District Kabirdham (C.G.)

¶190

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District Kabirdham (C.G.)

¶191

--- Respondents

¶192

WPS No. 9672 of 2023

¶193

Naresh Kumar Chandrawanshi S/o D. S. Chandrawanshi Aged About 49 Years Working As Headmaster, Primary School Resident Of VillageNeurgaonkala, Block- Bodla, District : Kabirdham, Chhattisgarh

¶194

--- Petitioner

¶195

Versus

¶196

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶197

¶198

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶199

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶200

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶201

5 - The Block Education Officer Bodla, District : Kabirdham, Chhattisgarh

¶202

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶203

--- Respondents

¶204

WPS No. 9662 of 2023

¶205

Bhure Singh Sukulgadhiya S/o Shri Rungsu Sukulgadhiya Aged About 48 Years Working As Headmaster, Primary School, R/o Village And Post- Chilfi Ghati, Tahsil-Bodla, District : Kabirdham, Chhattisgarh

¶206

--- Petitioner

¶207

Versus

¶208

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶209

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶210

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶211

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶212

5 - The Block Education Officer Bodla, District : Kabirdham, Chhattisgarh

¶213

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶214

--- Respondents

¶215

¶216

WPS No. 90 of 2024

¶217

Smt. Chandrakanta Mishra W/o Shri Shivkumar Mishra Aged About 56 Years Working As Headmistress, Govt. Primary School, Dashrangpur, Block Kawardha, District Kabirdham (C.G.)

¶218

--- Petitioner

¶219

Versus

¶220

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.)

¶221

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development, Department Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.)

¶222

3 - The Director Directorate Of Public Instructions Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶223

4 - The District Education Officer Kawardha, District Kabirdham (C.G.)

¶224

5 - The Block Education Officer Kawardha, District Kabirdham (C.G.)

¶225

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District Kabirdham (C.G.)

¶226

--- Respondents

¶227

WPS No. 157 of 2024

¶228

Bhagwat Prasad Dubey S/o Ramkhilawan Dubey Aged About 47 Years Working As Headmaster, Govt. Primary School, Jhirauni, BlockKawardha,, District : Kabirdham, Chhattisgarh

¶229

--- Petitioner

¶230

Versus

¶231

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶232

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development, Department Mantralaya, Mahanadi Bhawan, Nawa Raipur CG

¶233

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur,, District : Raipur, Chhattisgarh

¶234

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶235

5 - The Block Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶236

¶237

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶238

--- Respondents

¶239

WPS No. 9702 of 2023

¶240

Govind Ram Jaiswal S/o Mahettar Ram Jaiswal Aged About 47 Years Working As Headmaster, Govt. Primary School, Bitkuli Khurd, BlockKawardha, District : Kabirdham, Chhattisgarh

¶241

--- Petitioner

¶242

Versus

¶243

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar,, District : Raipur, Chhattisgarh

¶244

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development, Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, District : Raipur, Chhattisgarh

¶245

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur,, District : Raipur, Chhattisgarh

¶246

4 - The District Education Officer Kawardha,, District : Kabirdham, Chhattisgarh

¶247

5 - The Block Education Officer Bodla,, District : Kabirdham, Chhattisgarh

¶248

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶249

--- Respondents

¶250

WPS No. 93 of 2024

¶251

Ganesh Prasad Kaushik S/o Sudha Ram Kaushik Aged About 49 Years Working As Headmaster, Govt. Primary School, Gorakhpur, BlockKawardha,, District : Kabirdham, Chhattisgarh

¶252

--- Petitioner

¶253

Versus

¶254

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar,, District : Raipur, Chhattisgarh

¶255

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, CG

¶256

¶257

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶258

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶259

5 - The Block Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶260

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶261

--- Respondents

¶262

WPS No. 224 of 2024

¶263

Smt. Rakhi Dubey W/o Shri Sanjay Dubey Aged About 55 Years Working As Headmistress, Govt. Primary School, Dullapur, BlockKawadha,, District : Kabirdham, Chhattisgarh

¶264

--- Petitioner

¶265

Versus

¶266

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar,, District : Raipur, Chhattisgarh

¶267

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development, Department Mantarlaya, Mahanadi Bhawan, Nawa Raipur, CG

¶268

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur,, District : Raipur, Chhattisgarh

¶269

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶270

5 - The Block Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶271

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶272

--- Respondents

¶273

WPS No. 9524 of 2023

¶274

Bhagwati Chandrawanshi S/o Shri Prakash Chandrawanshi Aged About 45 Years Working As Headmaster Primary School, Resident Of Village- Neurgaonkala, Block-Bodla, District : Kabirdham, Chhattisgarh

--- Petitioner

Versus

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶279

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh

¶280

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶281

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶282

5 - The Block Education Officer Bodla, District : Kabirdham, Chhattisgarh

¶283

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶284

--- Respondents

¶285

WPS No. 9522 of 2023

¶286

Amilal Netam S/o Gopi Singh Netam Aged About 48 Years Working As Headmaster, Primary School, Resident Of Village - Rengakharkala, Tahsil - Bodla, District Kabirdham (C.G.)

¶287

--- Petitioner

¶288

Versus

¶289

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.)

¶290

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.)

¶291

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶292

4 - The District Education Officer Kawardha, District Kabirdham (C.G.)

¶293

5 - The Block Education Officer Bodla, District Kabirdham (C.G.)

¶294

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District Kabirdham (C.G.)

¶295

--- Respondents

¶296

¶297

WPS No. 9511 of 2023

¶298

Krishna Kumar Nayak S/o Shri Ganeshram Nayak Aged About 48 Years Working As Headmaster, Primary School, Singhanpuri, Tahsil Bodla, District : Kabirdham, Chhattisgarh

¶299

--- Petitioner

¶300

Versus

¶301

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶302

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, District : Raipur, Chhattisgarh

¶303

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶304

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶305

5 - The Block Education Officer, Bodla District Kabirdham, Chhattisgarh.

¶306

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶307

--- Respondents

¶308

WPS No. 9494 of 2023

¶309

Smt. Kavita Manikpuri Wife Of Shri Agam Das Manikpuri, Aged About 45 Years Working As Headmaster, Primary School, Resident Of Ward No. 8, Shikshak Colony, Kawardha, District - Kabirdham, Chhattisgarh.

¶310

--- Petitioner

¶311

Versus

¶312

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur, Chhattisgarh.

¶313

2 - The Secretary, Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶314

3 - The Director, Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶315

¶316

4 - The District Education Officer, Kawardha, District - Kabirdham, Chhattisgarh.

¶317

5 - The Block Education Officer, Bodla, District - Kabirdham, Chhattisgarh.

¶318

6 - The Chief Executive Officer, Zila Panchayat, Kabirdham, District - Kabirdham, Chhattisgarh.

¶319

--- Respondents

¶320

WPS No. 9519 of 2023

¶321

Smt. Satan Meravi Wife Of Laxmana Meravi, Aged About 57 Years Working As Headmaster, Primary School, R/o Village - Rengakharkala, Tahsil - Bodla, District - Kabirdham, Chhattisgarh.

¶322

--- Petitioner

¶323

Versus

¶324

1 - State Of Chhattisgarh Through The Secretary, School Education Department Mantralaya Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur, Chhattisgarh.

¶325

2 - The Secretary, Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶326

3 - The Director, Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶327

4 - The District Education Officer, Kawardha, District - Kabirdham, Chhattisgarh.

¶328

5 - The Block Education Officer, Bodla, District - Kabirdham, Chhattisgarh.

¶329

6 - The Chief Executive Officer, Zila Panchayat, Kabirdham, District - Kabirdham, Chhattisgarh.

¶330

--- Respondents

¶331

WPS No. 9529 of 2023

¶332

Krishna Kumar Dhurve S/o Aajuram Dhurve Aged About 50 Years Working As Headmaster, Govt. Primary School, Bitkuli (Kala) BlockKawardha, District- Kabirdham, Chhattisgarh.

--- Petitioner

Versus

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District- Raipur, Chhattisgarh.

¶337

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶338

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh.

¶339

4 - The District Education Officer Kawardha, District- Kabirdham, Chhattisgarh.

¶340

5 - The Block Education Officer Bodla, District- Kabirdham, Chhattisgarh.

¶341

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, DistrictKabirdham, Chhattisgarh.

¶342

--- Respondents

¶343

WPS No. 9699 of 2023

¶344

Shankar Singh Dhurve S/o Maha Singh Dhurve Aged About 50 Years Working As Headmaster, Primary School, Resident Of VillageAmakheda, Tahsil- Bodla,, District : Kabirdham, Chhattisgarh

¶345

--- Petitioner

¶346

Versus

¶347

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar,, District : Raipur, Chhattisgarh

¶348

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development, Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, District : Raipur, Chhattisgarh

¶349

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur,, District : Raipur, Chhattisgarh

¶350

4 - The District Education Officer Kawardha,, District : Kabirdham, Chhattisgarh

¶351

5 - The Block Education Officer Bodla,, District : Kabirdham, Chhattisgarh

¶352

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶353

--- Respondents

¶354

¶355

WPS No. 9703 of 2023

¶356

Chandravati Pusam W/o Johan Singh Pusam Aged About 51 Years Working As Headmaster, Primary School, R/o Villagekhara, TahsilBodla, District : Kabirdham, Chhattisgarh

¶357

--- Petitioner

¶358

Versus

¶359

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶360

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶361

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶362

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶363

5 - The Block Education Officer Bodla, District : Kabirdham, Chhattisgarh

¶364

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶365

--- Respondents

¶366

WPS No. 9690 of 2023

¶367

Nanku Singh Dhurve Son Of Kenwat Ram Dhurve Aged About 53 Years Working As Headmaster Primary School Resident Of Village - Singhari, Post - Baijalpur, Block - Bodla, District - Kabirdham, Chhattisgarh.

¶368

--- Petitioner

¶369

Versus

¶370

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur, Chhattisgarh.

¶371

2 - The Secretary, Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶372

The Director, Directorate Of Public Instructions, Atal Nagar, Nawa

¶373

Raipur, District - Raipur, Chhattisgarh.

¶374

¶375

4 - The District Education Officer, Kawardha, District - Kabirdham, Chhattisgarh.

¶376

5 - The Block Education Officer, Bodla, District - Kabirdham, Chhattisgarh.

¶377

6 - The Chief Executive Officer, Zila Panchayat, Kabirdham, District - Kabirdham, Chhattisgarh.

¶378

--- Respondents

¶379

WPS No. 9681 of 2023

¶380

Doman Singh Dhurve S/o Tejuram Dhurve Aged About 55 Years Working As Headmaster, Govt. Primary School, Dudhiya, BlockKawardha, District Kabirdham (C.G.)

¶381

--- Petitioner

¶382

Versus

¶383

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.)

¶384

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.)

¶385

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶386

4 - The District Education Officer Kawardha, District Kabirdham (C.G.)

¶387

5 - The Block Education Officer Bodla, District - Kabirdham (C.G.)

¶388

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District Kabirdham (C.G.)

¶389

--- Respondents

¶390

WPS No. 9689 of 2023

¶391

Smt. Madhulika Sharma W/o Kuleshwar Sharma Aged About 46 Years Working As Headmaster, Govt. Primary School, Poliguda, BlockKawardha, District Kabirdham (C.G.)

¶392

--- Petitioner

¶393

Versus

¶394

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.)

¶395

¶396

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, (C.G.)

¶397

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶398

4 - The District Education Officer Kawardha, District Kabirdham (C.G.)

¶399

5 - The Block Education Officer Bodla, District Kabirdham (C.G.)

¶400

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District Kabirdham (C.G.)

¶401

--- Respondents

¶402

WPS No. 9709 of 2023

¶403

Valmiki Dhuruve S/o Panchram Dhuruve Aged About 56 Years Working As Headmaster, Govt. Primary School Gudha, Block Kawardha, District Kabirdham (C.G.)

¶404

--- Petitioner

¶405

Versus

¶406

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.)

¶407

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.)

¶408

3 - The Director Directotate Of Public Instructions, Atal Nagar, Nawa Raipur District Raipur (C.G.)

¶409

4 - The District Education Officer Kawardha, District Kabirdham (C.G.)

¶410

5 - The Block Education Officer Bodla, District Kabirdham (C.G.)

¶411

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District Kabirdham (C.G.)

¶412

--- Respondents

¶413

WPS No. 9698 of 2023

¶414

Guneeram Sahu S/o T. R. Sahu Aged About 50 Years Working As Headmaster, Govt. Primary School, Chhote, Block- Kawardha, District : Kabirdham, Chhattisgarh

--- Petitioner

Versus

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶419

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶420

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶421

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶422

5 - The Block Education Officer Bodla, District : Kabirdham, Chhattisgarh

¶423

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶424

--- Respondents

¶425

WPS No. 9704 of 2023

¶426

Sanjay Chandravanshi S/o Shatrughan Chandravanshi Aged About 47 Years Working As Headmaster Govt. Primary School, Gopal Bhavana, Block- Kawardha,, District : Kabirdham, Chhattisgarh

¶427

--- Petitioner

¶428

Versus

¶429

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar,, District : Raipur, Chhattisgarh

¶430

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development, Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, District : Raipur, Chhattisgarh

¶431

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur,, District : Raipur, Chhattisgarh

¶432

4 - The District Education Officer Kawardha,, District : Kabirdham, Chhattisgarh

¶433

5 - The Block Education Officer Bodla,, District : Kabirdham, Chhattisgarh

¶434

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶435

--- Respondents

¶436

¶437

WPS No. 9678 of 2023

¶438

Smt. Tijan Bai Sahu W/o Krishna Ram Sahu Aged About 45 Years Working As Headmaster, Govt. Primary School, Dhanaura, Block Kawardha, District Kabirdham (C.G.)

¶439

--- Petitioner

¶440

Versus

¶441

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.)

¶442

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.)

¶443

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶444

4 - The District Education Officer Kawardha, District Kabirdham (C.G.)

¶445

5 - The Block Education Officer Kawardha, District Kabirdham (C.G.)

¶446

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District Kabirdham (C.G.)

¶447

--- Respondents

¶448

WPS No. 9700 of 2023

¶449

Pancham Prasad Thakur S/o Raipurha Ram Thakur Aged About 52 Years Working As Headmaster, Govt. Primary School, Kritbandha, Block Kawardha, District : Kabirdham, Chhattisgarh

¶450

--- Petitioner

¶451

Versus

¶452

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶453

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.)

¶454

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶455

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶456

¶457

5 - The Block Education Officer Bodla, District : Kabirdham, Chhattisgarh

¶458

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶459

--- Respondents

¶460

WPS No. 9675 of 2023

¶461

Ashok Meravi S/o Amoli Singh Meravi Aged About 52 Years Working As Headmaster, Govt. Primary School, Bishanpura, Block- Kawardha,, District : Kabirdham, Chhattisgarh

¶462

--- Petitioner

¶463

Versus

¶464

1 - State Of Chhattisgarh Through The Secretary, School Education Department , Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar,, District : Raipur, Chhattisgarh

¶465

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, CG

¶466

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur,, District : Raipur, Chhattisgarh

¶467

4 - The District Education Officer Kawardha,, District : Kabirdham, Chhattisgarh

¶468

5 - The Block Education Officer, Bodla,, District : Kabirdham, Chhattisgarh

¶469

6 - The Chief Executive Officer Zila Panchayat, Kabirdham,, District : Kabirdham, Chhattisgarh

¶470

--- Respondents

¶471

WPS No. 9688 of 2023

¶472

Nawal Kumar Dahire S/o Late Shri Anturam Dahire Aged About 48 Years Working As Headmaster, Primary School, R/o Village- Budhwara, Post-Podi, Block- Bodla, District : Kabirdham, Chhattisgarh

¶473

--- Petitioner

¶474

Versus

¶475

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶476

¶477

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶478

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶479

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶480

5 - The Block Education Officer Bodla, District : Kabirdham, Chhattisgarh

¶481

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶482

--- Respondents

¶483

WPS No. 9673 of 2023

¶484

Ishwar Singh Dhurve S/o Vishnu Singh Dhurve Aged About 51 Years Working As Headmaster, Primary School, Resident Of Village Jhalmala, Post Chilfi, District : Kabirdham, Chhattisgarh

¶485

--- Petitioner

¶486

Versus

¶487

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶488

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development, Department Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.)

¶489

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶490

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶491

5 - The Block Education Officer Bodla, District : Kabirdham, Chhattisgarh

¶492

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶493

--- Respondents

¶494

¶495

WPS No. 9686 of 2023

¶496

Yashwanti Netam W/o Tilakchand Netam Aged About 54 Years Working As Headmaster, Primary School, Resident Of Village Rengakharkala, Tahsil Bodla, District : Kabirdham, Chhattisgarh

¶497

--- Petitioner

¶498

Versus

¶499

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶500

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.)

¶501

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶502

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶503

5 - The Block Education Officer Bodla, District : Kabirdham, Chhattisgarh

¶504

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶505

--- Respondents

¶506

WPS No. 9661 of 2023

¶507

Guniram Chandrawanshi S/o Chetan Singh Chandrawanshi Aged About 57 Years Working As Headmaster, Primary School, R/o Village And Post-Kharhatta, Block-Bodla, District- Kabirdham, Chhattisgarh.

¶508

--- Petitioner

¶509

Versus

¶510

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District- Raipur, Chhattisgarh.

¶511

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶512

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh.

¶513

¶514

4 - The District Education Officer Kawardha, District- Kabirdham, Chhattisgarh.

¶515

5 - The Block Education Officer Bodla, District- Kabirdham, Chhattisgarh.

¶516

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, DistrictKabirdham, Chhattisgarh.

¶517

--- Respondents

¶518

WPS No. 9707 of 2023

¶519

Smt. Meera Netam W/o Shri Dulari Ram Netam Aged About 48 Years Working As Headmaster, Primary School Resident Of Village And PostBodla, Block- Bodla,, District : Kabirdham, Chhattisgarh

¶520

--- Petitioner

¶521

Versus

¶522

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar,, District : Raipur, Chhattisgarh

¶523

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development, Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, District : Raipur, Chhattisgarh

¶524

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur,, District : Raipur, Chhattisgarh

¶525

4 - The District Education Officer Kawardha,, District : Kabirdham, Chhattisgarh

¶526

5 - The Block Education Officer Bodla,, District : Kabirdham, Chhattisgarh

¶527

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶528

--- Respondents

¶529

WPS No. 9693 of 2023

¶530

Shamimuddin Qureshi S/o Late Shri Mashuddin Qureshi Aged About 50 Years Working As Headmaster, Primary School Resident Of Village Budhwara, Tahsil Bodla, District Kabirdham (C.G.)

--- Petitioner

Versus

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.)

¶535

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.)

¶536

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶537

4 - The District Education Officer Kawardha, District Kabirdham (C.G.)

¶538

5 - The Block Education Officer Bodla, District Kabirdham (C.G.)

¶539

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District Kabirdham (C.G.)

¶540

--- Respondents

¶541

WPS No. 9755 of 2023

¶542

Smt. Shahina Qureshi W/o Shri Safiq Qureshi Aged About 50 Years Working As Headmistress, Government Primary School, Amlidih, Block - Kawardha, District Kabirdham (C.G.)

¶543

--- Petitioner

¶544

Versus

¶545

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.)

¶546

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.)

¶547

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶548

4 - The District Education Officer, Kawardha District Kabirdham (C.G.)

¶549

5 - The Block Education Officer, Kawardha District Kabirdham (C.G.)

¶550

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District Kabirdham (C.G.)

¶551

--- Respondents

¶552

¶553

WPS No. 9748 of 2023

¶554

Smt. Manju Devi Dwivedi W/o Shri Sushil Kumar Dwivedi Aged About 52 Years Working As Headmaster, Primary School Resident Of Village And Post Madmada, District : Kabirdham, Chhattisgarh

¶555

--- Petitioner

¶556

Versus

¶557

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶558

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.)

¶559

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶560

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶561

5 - The Block Education Officer Bodla, District : Kabirdham, Chhattisgarh

¶562

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶563

--- Respondents

¶564

WPS No. 9758 of 2023

¶565

Malik Ram Netam S/o Chintaram Netam Aged About 52 Years Working As Headmaster, Government Primary School, Chachedi, Block - Kawardha, District - Kabirdham, Chhattisgarh.

¶566

--- Petitioner

¶567

Versus

¶568

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur, Chhattisgarh.

¶569

2 - The Secretary, Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

¶570

3 - The Director, Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

¶571

¶572

4 - The District Education Officer, Kawardha, District - Kabirdham, Chhattisgarh.

¶573

5 - The Block Education Officer, Bodla, District - Kabirdham, Chhattisgarh.

¶574

6 - The Chief Executive Officer, Zila Panchayat, Kabirdham, District - Kabirdham, Chhattisgarh.

¶575

--- Respondents

¶576

WPS No. 9760 of 2023

¶577

Smt. Sunita Netam W/o Koduram Netam, Aged About 52 Years Working As Headmaster, Govt. Primary School Kotiyari, Block Kawardha, District Kabirdham Chhattisgarh.

¶578

--- Petitioner

¶579

Versus

¶580

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Mahanadi Bhawan, Nawa Raipur Atal Nagar, District : Raipur, Chhattisgarh

¶581

2 - The Secretary, Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralya Mahanadi Bhawan, Nawa Raipur Chhattisgarh.

¶582

3 - The Director, Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

¶583

4 - The District Eduction Officer, Kawardha, District : Kabirdham, Chhattisgarh

¶584

5 - The Block Education Officer, Kawardha, District : Kabirdham, Chhattisgarh

¶585

6 - The Chief Executive Officer, Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶586

--- Respondents

¶587

WPS No. 9745 of 2023

¶588

Ku. Jevanti Bai Meravi W/o Jaysingh Meravi Aged About 58 Years Working As Headmistress, Adiwasi Kanya Ashram, Bodla, Block Bodla, District : Kabirdham, Chhattisgarh

--- Petitioner

Versus

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

¶593

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur (C.G.)

¶594

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

¶595

4 - The District Education Officer Kawardha, District : Kabirdham, Chhattisgarh

¶596

5 - The Block Education Officer Bodla, District : Kabirdham, Chhattisgarh

¶597

6 - The Chief Executive Officer Zila Panchayat, Kabirdham, District : Kabirdham, Chhattisgarh

¶598

--- Respondents

¶599

WPS No. 1006 of 2024

¶600

Ishwari Prasad Dharte Son Of Late Banaram Dharte Aged About 52 Years Working As Headmaster, Govt. Primary School, Gidhankhar, Block-Bodla, District-Kabirdham, C.G.

¶601

--- Petitioner

¶602

Versus

¶603

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Dist. Raipur, C.G.

¶604

2 - The Secretary Government Of Chhattisgarh, Panchayat And Rural Development Department Mantralaya, Mahanadi Bhawan, Nawa Raipur, C.G.

¶605

3 - The Director Directorate Of Public Instructions, Atal Nagar, Nawa Raipur, District- Raipur, C.G.

¶606

4 - The District Education Officer Kawardha, Dist.-Kabirdham, C.G.

¶607

5 - The Block Education Officer, Bodla, Dist. Kabirdham C.G.

¶608

6 - The Chief Executive Officer Zila Panchayat, Bodla, Dist.Kabirdham, C.G.

¶609

... Respondents

¶610

¶611

(Cause-title taken from Case Information System)

¶612

For Petitioners : Mr. Sangeet Kumar Kushwaha and Mr. Sudhanshu Upadhyay , Advocate For State Mr. Vivek Sharma, Additional Advocate General and Mr. Ajit Singh, Govt. Advocate

¶613

Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board

¶614

22.01.2025

¶615

1. Heard Mr. Sangeet Kumar Kushwaha and Mr. Sudhanshu Upadhyay, learned counsel for the respective petitioners as well as Mr. Vivek Sharma, learned Additional Advocate General and Mr. Ajit Singh, learned Government Advocate, appearing for the State in all the writ petitions.

¶616

2. Since common question is involved in all the writ petitions, they are being heard together and disposed of by this common order.

¶617

3. In the batch of writ petitions, the petitioners are challenging the recovery orders issued by the respondent authorities as the same have been passed without affording an opportunity of hearing to the petitioners and prayed that a direction be issued to the respondent authorities to not reduce the pay scale given to the petitioners.

¶618

4. Brief facts for disposal of all the writ petitions, are that, the petitioners was initially appointed as Shiksha Karmi Grade-III

¶619

¶620

under the respondent Department and posted at different schools under different Janpad Panchayats. Upon successful completion of their probation period, the services of petitioners were regularized and they have been confirmed. Thereafter, the respondent-Deparment has issued an order for grant of “Kramonnat Vetanman” to the Shiksha Karmis, who have completed 10 years of services and have not promoted to the higher post and thereby, the pay scale of those Shiksha Karmis Grade-III have been upgraded. Therefore, the petitioners who were completed 10 years of services, the benefit of Kramonnat Vetanman have been extended in favour of petitioners. Thereafter, the respondent-Department has issued another order directing for grant of revised pay-scales to the Shiksha Karmis at par with the Government Teachers to Assistant Teacher (Panchayat), Teacher (Panchayat) and Lecturer (Panchayat) on completion of 8 years service as on 01.05.2023 and upon completion of service of two years, they were held entitled for one increment as also the dearness allowance like Government Teachers. As per the aforementioned order, the pay scales of the petitioners have been revised, After that, respondent-Department issued a clarification dated 22.01.2014 in Clause-7, based upon which, the benefits of the revised/increased pay scales have been cancelled by the respondent authorities in respect of the Shiksha Karmis.

¶621

¶622

5. Being aggrieved with the order of cancellation of benefits of Kramonnati in increased pay-scale, a writ petition bearing Writ Petition (S) No. 3010 of 2020 has been filed by one Vinod Kumar Sinha along with other persons, in which, vide order dated 07.08.2020, this Court has granted stay to the effect that the “till the next date of hearing, the impugned order dated 17.03.2020 in respect of the petitioners shall not be given effect to”. However, all of sudden, without affording any opportunity of hearing as well as without any authority and in complete violation of principles of natural justice, the respondent authorities have issued the recovery orders in favour of the petitioners directing the petitioners to deposit the excess payment made to them through challan. Simultaneously, the respondent authorities have reduced the salary/pay of the petitioners in lower side. Hence, the writ petitions have been filed by the respective petitioners.

¶623

6. Learned counsel for the petitioners in all the writ petitions would submit that the impugned recovery orders have been issued against the petitioners without affording any opportunity of hearing and in complete violation of principles of natural justice, which deserves to be quashed. He would further submit that in all the writ petitions, the appointing authority of the petitioners is the District Education Officer, therefore, the Chief Executive Officer, has no authority under the law to issue the impugned recovery orders as also reducing the pay scale of the petitioners. It has

¶624

¶625

been contended that the pay scale of the petitioners has been fixed/revised as per the policy/circulars/orders issued by the respondent-Department and petitioners have not played any fraud or cheating, therefore, the benefits of revised pay scale/ Kramonnati, which has already been extended in favour of the petitioners cannot be withdrawn/cancelled. It has been argued that since there was stay granted by this Court, hence, the amount was not recovered from the petitioners. As such, learned counsel for the petitioners prayed that the writ petitions be allowed and a direction be issued to the respondent authorities to pass appropriate orders after giving proper opportunity of hearing to the petitioners. Reliance has been placed in the judgments rendered by Hon’ble Supreme Court in cases of State of Punjab and Others etc. Vs. Rafiq Masih (White Washer) etc. reported in 2015 (4) SCC 334 and Thomas Denial Vs. State of Kerela reported in 2022 SCC OnLine SC 525 as well as Jagdish Prasad Singh v. State of Bihar reported in 2024 SCC OnLine SC 1909 , to buttress their contention.

¶626

7. On the other hand, learned State counsel opposes the submissions advanced by learned counsel for the petitioners and would submit that the petitioners have wrongly been granted revised pay-scale taking into account their pay-scale of Kramonnat Vetanman. He would further submit that petitioners were absorbed by the Department of School Education, therefore,

¶627

¶628

the Block Education Officer has issued the recovery orders of excess payment after verification of the pay-scale made by the Regional Joint Director, Treasury, Accounts and Pension, Chhattisgarh. It has been contended that the petitioners while accepting the revised pay fixation submitted their affidavits to the effect that if any excess payment of pay would be given to them, it would be refunded or the said amount will be recovered as outstanding dues against the State. It has been further contended that before issuance of impugned recovery orders, show-cause notices have been issued to the petitioners. However, learned State counsel fairly submits that opportunity of hearing has not been granted to the petitioners. It has been contended that suitable time may be granted to respondent authorities to pass appropriate orders in favour of the petitioners after giving proper opportunity of hearing to them.

¶629

8. Having heard the contentions put forth on either side and on perusal of the record, admittedly the petitioners were working under the respondent authorities and they were not Pay-Fixation authority as per rules applicable to them, therefore, it cannot be said that the petitioners have committed any fraudulent act or was involved in pay fixation and there was no fault on the part of the petitioners.

¶630

¶631

9. Before proceeding further, it would be appropriate to extract Clause-7 of the clarification, which was issued by the State Government, for easy reference :-

¶632

are given promotion in pay scale after completing ten years of service will also be given revised pay scale of the category, in which they are working and will be given benefit of weightage as above. ”

¶633

10. Given the aforesaid facts, it would be relevant at this juncture to refer to the judgment of the Hon'ble Supreme Court in the case of Jagdish Pasad Singh (supra) wherein it has been very emphatically held by the Supreme Court that any decision taken by the State Government to reduce an employee’s pay scale and recover the excess amount cannot be applied retrospectively and that too after a long time gap. Relevant portion of the judgment are reproduced below for ready reference :-

¶634

“21. We firmly believe that any decision taken by the State Government to reduce an employee’s pay scale and recover the excess amount cannot be applied retrospectively and that too after a long time gap. In the case of Syed Abdul Qadir and Others v. State of Bihar and Others, (2009) 3 SCC 475 , this Court held that when the

¶635

¶636

excess unauthorised payment is detected within a short period of time, it would be open for the employer to recover the same. Conversely, if the payment had been made for a long duration of time, it would be iniquitous to make any recovery. The relevant paras of the Syed Abdul Qadir (supra) are extracted hereinbelow: -

¶637

“57. This Court, in a catena of decisions, has granted relief against recovery of excess payment of emoluments/ allowances if (a) the excess amount was not paid on account of any misrepresentation or fraud on the part of the employee, and (b) if such excess payment was made by the employer by applying a wrong principle for calculating the pay/allowance or on the basis of a particular interpretation of rule/order, which is subsequently found to be erroneous.

¶638

58. The relief against recovery is granted by courts not because of any right in the employees, but in equity, exercising judicial discretion to relieve the employees from the hardship that will be caused if recovery is ordered. But, if in a given case, it is proved that the employee had knowledge that the payment received was in excess of what was due or wrongly paid, or in cases

¶639

¶640

where the error is detected or corrected within a short time of wrong payment, the matter being in the realm of judicial discretion, courts may, on the facts and circumstances of any particular case, order for recovery of the amount paid in excess.

¶641

59. Undoubtedly, the excess amount that has been paid to the appellant teachers was not because of any misrepresentation or fraud on their part and the appellants also had no knowledge that the amount that was being paid to them was more than what they were entitled to. It would not be out of place to mention here that the Finance Department had, in its counteraffidavit, admitted that it was a bona fide mistake on their part. The excess payment made was the result of wrong interpretation of the Rule that was applicable to them, for which the appellants cannot be held responsible. Rather, the whole confusion was because of inaction, negligence and carelessness of the officials concerned of the Government of Bihar. Learned counsel appearing on behalf of the appellant teachers submitted that majority of the beneficiaries have either retired or are on the verge of it. Keeping in view the peculiar facts and

¶642

¶643

circumstances of the case at hand and to avoid any hardship to the appellant teachers, we are of the view that no recovery of the amount that has been paid in excess to the appellant teachers should be made.”

¶644

(emphasis supplied)

¶645

22. Similarly, this Court in ITC Limited v. State of Uttar Pradesh and Others, (2011) 7 SCC 493 , held as under: -

¶646

“108. We may give an example from service jurisprudence, where a principle of equity is frequently invoked to give relief to an employee in somewhat similar circumstances. Where the pay or other emoluments due to an employee is determined and paid by the employer, and subsequently the employer finds, (usually on audit verification) that on account of wrong understanding of the applicable rules by the officers implementing the rules, excess payment is made, courts have recognised the need to give limited relief in regard to recovery of past excess payments, to reduce hardship to the innocent employees, who benefited from such wrong interpretation.”

¶647

(emphasis supplied)

¶648

¶649

23. In the case of State of Punjab and Others v. Rafiq Masih (White Washer) and Others, (2015) 4 SCC 334 , this Court held as under: -

¶650

“18. It is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to hereinabove, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law:

¶651

(i) Recovery from the employees belonging to Class III and Class IV service (or Group C and Group D service).

¶652

(ii) Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery.

¶653

(iii) Recovery from the employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.

¶654

(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and

¶655

¶656

has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

¶657

(v) In any other case, where the court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover.” (emphasis supplied)

¶658

24. Recently, this Court in Thomas Daniel v. State of Kerala and Others, 2022 SCC OnLine SC 536 , held that the State cannot recover excess amount paid to the exemployee after the delay of 10 years.”

¶659

11. The clarification of the State Government dated 22.01.2014 to be

¶660

specific, the highlighted portion (supra) is amenable to the interpretation that the Teachers (Panchayat) who are given promotion in pay scale after completing ten years of service will also be given revised pay scale of the category, in which they are working and will be given benefit of weightage. As a consequence, the respondent authorities while issuing the recovery orders in favour of the petitioners clearly misinterpreted and misapplied the said clarification to the detriment of the petitioners.

¶661

¶662

12. Taking into consideration the facts discussed above and the law laid down by the Hon’ble Supreme Court in case of Jagdish Prasad Singh (supra), in the opinion of this Court, the recovery orders issued by the respondent authorities are not sustainable in the eyes of law, as such, the recovery orders are deserve to be quashed. In addition thereto, I am of the considered view that any step of reduction in the pay scale and recovery from a Government employee would tantamount to a punitive action because the same has drastic civil as well as evil consequences. The impugned action directing reduction of pay scale and recovery of the excess amount is grossly arbitrary and illegal and also suffers from the vice of non-adherence to the principles of natural justice and hence, the same cannot be sustained.

¶663

13. In the result, the writ petitions are allowed . The impugned orders of recovery are hereby set-aside/quashed. The respondents are directed to consider and decide the claim of each of the petitioners in accordance with law and pass appropriate orders in this regard after giving proper opportunity of hearing to each of the petitioners.

¶664

Sd/--

¶665

(Amitendra Kishore Prasad) Judge

¶666

Yogesh

Procedural history

How this case reached the court

AI extract

Order under challenge
Recovery orders issued by the respondent authorities directing the petitioners to deposit the excess payment made to them through challan, coupled with reduction of salary/pay to the lower side, without affording any opportunity of hearing.¶622
Block Education Officer / respondent authorities (after verification of pay-scale by the Regional Joint Director, Treasury, Accounts and Pension, Chhattisgarh)
Prior proceeding
Petitioners were initially appointed as Shiksha Karmi Grade-III under the respondent Department and posted at different schools under different Janpad Panchayats; on completion of probation their services were regularised and they were confirmed.¶618
Prior proceeding
Respondent-Department issued an order granting 'Kramonnat Vetanman' to Shiksha Karmis who had completed 10 years of service and were not promoted, upgrading the pay scale of Shiksha Karmi Grade-III; the benefit was extended to the petitioners.¶620
Prior proceeding
Respondent-Department issued another order granting revised pay-scales to Shiksha Karmis at par with Assistant Teacher (Panchayat), Teacher (Panchayat) and Lecturer (Panchayat) on completion of 8 years service as on 01.05.2023, with one increment on completion of two further years and dearness allowance like Government Teachers; petitioners' pay scales were revised accordingly.¶620
Prior proceeding
Respondent-Department issued a clarification dated 22.01.2014 (Clause-7), based upon which the benefits of the revised/increased pay scales were cancelled in respect of the Shiksha Karmis.¶620
Prior proceeding
Writ Petition (S) No. 3010 of 2020 was filed by one Vinod Kumar Sinha along with other persons against the cancellation of Kramonnati benefits; vide order dated 07.08.2020 this Court granted stay of the impugned order dated 17.03.2020 in respect of those petitioners.¶622
Prior proceeding
While accepting the revised pay fixation, the petitioners had submitted affidavits undertaking that any excess payment would be refunded or recovered as outstanding dues against the State.¶628
Prior proceeding
Per State counsel, show-cause notices were issued before issuance of the impugned recovery orders; however, State counsel fairly conceded that opportunity of hearing was not granted to the petitioners.¶628

Parties & counsel

AI extract

petitioner
Puran Singh Porte¶7
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Basant Singh¶18
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Gokul Prasad Chandrakar¶30
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Birbal Singh Chhedavi¶42
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Namrata Agrawal¶53
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Kasturi Markam¶65
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Prabha Dhurwe¶76
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Bhadu Singh Dhurve¶88
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Rambati Meravi¶99
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Bholaram Banwasi¶112
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Vimla Meravi¶124
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Ahilya Chandrawanshi¶135
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Anita Murchale¶147
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Heeralal Thakur¶159
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Taran Das Joshi¶170
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Gupta Ram Kunjam¶182
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Naresh Kumar Chandrawanshi¶193
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Bhure Singh Sukulgadhiya¶205
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Chandrakanta Mishra¶217
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Bhagwat Prasad Dubey¶228
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Govind Ram Jaiswal¶240
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Ganesh Prasad Kaushik¶251
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Rakhi Dubey¶263
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Bhagwati Chandrawanshi¶274
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Amilal Netam¶286
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Krishna Kumar Nayak¶298
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Kavita Manikpuri¶309
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Satan Meravi¶321
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Krishna Kumar Dhurve¶332
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Shankar Singh Dhurve¶344
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Chandravati Pusam¶356
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Nanku Singh Dhurve¶367
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Doman Singh Dhurve¶380
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Madhulika Sharma¶391
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Valmiki Dhuruve¶403
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Guneeram Sahu¶414
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Sanjay Chandravanshi¶426
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Tijan Bai Sahu¶438
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Pancham Prasad Thakur¶449
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Ashok Meravi¶461
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Nawal Kumar Dahire¶472
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Ishwar Singh Dhurve¶484
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Yashwanti Netam¶496
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Guniram Chandrawanshi¶507
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Meera Netam¶519
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Shamimuddin Qureshi¶530
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Shahina Qureshi¶542
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Manju Devi Dwivedi¶554
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Malik Ram Netam¶565
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Smt. Sunita Netam¶577
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Ku. Jevanti Bai Meravi¶588
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
petitioner
Ishwari Prasad Dharte¶600
Sangeet Kumar Kushwaha, Sudhanshu Upadhyay
respondent
State of Chhattisgarh through the Secretary, School Education Department¶10
Vivek Sharma, Ajit Singh
respondent
Secretary, Government of Chhattisgarh, Panchayat and Rural Development Department¶11
respondent
Director, Directorate of Public Instructions¶12
respondent
District Education Officer, Kawardha¶13
respondent
Block Education Officer, Bodla¶14
respondent
Chief Executive Officer, Zila Panchayat, Kabirdham¶15

Coram

AI extract

Amitendra Kishore Prasadauthor¶613

Ganesh Prasad Kaushik v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ganesh Prasad Kaushik v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

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