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V.K. Mishra v. State of Chhattisgarh

Chhattisgarh HC4 May 2026WPS/5726/2023

Case brief

AI extract

What is this about?

WPS 5726/2023, High Court of Chhattisgarh, V.K. Mishra v. State of Chhattisgarh; recovery of excess provisional pension after retirement quashed; Annexure R-1 dated 25.08.2023 vague and belated; Third Time Bound Pay Scale w.e.f. 01.01.2016 released per order 18.10.2019; revision of pension and arrears; ITI Bastar; Drawing and Disbursing Officer; No Dues Certificate contradiction; writ under Article 226 allowed; compliance within 6 months.

What did the court decide?

Writ petition allowed: recovery letter dated 25.08.2023 (Annexure R-1) demanding Rs. 57,995/- quashed; respondents directed to release monetary benefit of Third Time Bound Pay Scale granted vide order dated 18.10.2019 (Annexure P-2) by revising the petitioner's pay scale and other monetary benefits flowing therefrom, within 6 months of receipt/submission of copy of the order.

V.K. Mishra Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the recovery letter dated 25.08.2023 (Annexure R-1) issued by the Principal, Industrial Training Institute, Bastar nearly five years after the petitioner's retirement, demanding Rs. 57,995/-, is vague and contradictory and therefore liable to be quashed. +1 more

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Court's answer

Letter (Annexure R-1) dated 25.08.2023 is not only vague and issued belatedly about five years after the petitioner's retirement, but its vagueness was not clarified by the respondents/State in its return, and the alleged Bill No. 37 dated 04.05.2019 relied upon therein was never filed.

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Ratio / Principle

The contents of the 'No Dues Certificate' issued in favour of the petitioner and the letter (Annexure R-1) are mutually contradictory.

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Key takeaways

The Court quashed letter dated 25.08.2023 (Annexure R-1) issued by the Principal, Industrial Training Institute, Bastar (C.G.) for recovery of Rs. 57,995/- against the petitioner.ratio¶63
The respondent authorities were directed to release the monetary benefit of Third Time Bound Pay Scale granted to the petitioner vide order dated 18.10.2019 (Annexure P-2), by revising the pay scale and the other monetary benefits payable to the petitioner flowing from that order.ratio¶63

Detailed headnote1 paragraphs

Chhattisgarh High Court (Naresh Kumar Chandravanshi, J.) quashed the recovery notice dated 25.08.2023 (Annexure R-1) issued by the Principal, Industrial Training Institute, Bastar, nearly five years after the petitioner's superannuation (31.10.2018), demanding Rs. 57,995/- — comprising alleged excess 90% provisional pension of Rs. 42,347/- (Bill No. 37 dated 04.05.2019, never produced), Rs. 14,048/- for alleged 8-month occupation of government quarters, and Rs. 1,600/- medical allowances. The notice was held vague and contradictory — the State's return claimed a different total (Rs. 60,209/-), specified neither the months nor identity of the accommodation, and clashed with the 'No Dues Certificate'/'No Objection Certificate' issued to the petitioner. Allowing the Article 226 petition, the Court directed the respondents to release the monetary benefit of the Third Time Bound Pay Scale granted vide order dated 18.10.2019 (Annexure P-2) w.e.f. 01.01.2016, by revising the petitioner's pay scale, pension and consequential monetary benefits, within six months.

2026:CGHC:20994

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5726 of 2023

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V.K. Mishra S/o Late Hariprasad Mishra Aged About 66 Years R/o House No. 5, Street No. 6, Mans Vihar, Lamati, Vijay Nagar, Jabalpur (M.P.)

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through Secretary, Skill Development Technical Eduction, And Employment Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur (C.G.)

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2 - The Directorate Employment And Training, Through Director Indravati Bhawan, Block-4, 1st Floor, Atal Nagar, Naya Raipur, District Raipur (C.G.)

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3 - The Director Treasury And Accounts Raipur, District Raipur (C.G.)

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... Respondents

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(Cause title, as taken from CIS}

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For Petitioner : Mr. P.R. Patankar & Mr. Swapnil Thawani, Advocates For Respondents : Mr. Ujjawal Choubey, Panel Lawyer.

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{Hon’ble Mr. Justice Naresh Kumar Chandravanshi)

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Order on Board

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05/05/2026

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1. Instant writ petition under Article 226 of the Constitution of India has been

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preferred by the petitioner seeking following reliefs :-

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10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to immediately release the benefit of Third time Bound Pay Scale to the petitioner for its kind perusal.

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10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to immediately release the benefit of Third Time Bound Pay Scale to the

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petitioner as per order dated 18.10.2019 and 25.01.2021.

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10.3 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to immediately release the earlier arrears and revise the pension of the petitioner and also to pay the difference of gratuity to the petitioner.

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10.4 Cost of the petition be allowed.

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10.5 That, this Hon’ble Court may kindly be pleased to grant any other relief which this Hon’ble Court may deem fit in the facts and circumstances of the present case including cost of the petition.

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2. Facts of the case, as projected by the petitioner, are that the petitioner initially appointed as “Instructor Trainee” at Industrial Training Institute, Bhilai vide order dated 03.04.1979. After serving in the Department for about 39 years, he retired from services after attaining the age of superannuation on 31.10.2018. Subsequent to the petitioner's retirement, vide order dated 18.10.2019 (Annexure P-2), the benefit of the 3^rd Time-bound Pay Scale, with effect from 01.01.2016, was granted to him along with three other retired employees, despite that neither the pay scale of the petitioner has been revised from 01.01.2016 nor his pension has been revised, therefore, the petitioner has filed instant petition.

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3. Learned counsel appearing for the petitioner while referring to its rejoinder would submit that though as per letter dated 25.08.2023, the Principal, Industrial Training Institute, Bastar has issued recovery order of ₹ 57,995/- against the petitioner after almost 5 years from the date of his retirement, but nothing has been specified as to on which specific month, alleged excess payment of provisional pension has been made. It is further contended that the petitioner has never been allotted government accommodation, rather “No Dues Certificate” and “No Objection Certificate” (Annexures P-10 & P-11) have been issued to the petitioner stating that neither he has been allotted government accommodation nor any amount is recoverable from him against the government accommodation, despite that ₹ 14,048.00/- has been stated to be recoverable from the petitioner. Likewise, as

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per “pay bill” / “pay slip” (Annexure P-12) of the petitioner for the month of October, 2018, a sum of 1,400/- has been deducted against medical allowances from the₹ petitioner, despite that 1,600/- has been stated to be recoverable from him. He₹ further submits that the letter dated 25.08.2023 (Annexure R-1), in which the petitioner was directed to deposit a sum of 57,995/—is not only vague but also₹ contrary to the documents issued by the respondents themselves in favour of the petitioner. He lastly submits that after filing instant petition, said recovery order (Annexure R-1) has been issued to the petitioner only to evade to pay the benefit of Third Time bound Pay Scale to the petitioner and with ill intention to harass him. Hence, learned counsel for the petitioner submits that letter dated 25.08.2023 may be quashed and relief sought for by the petitioner may be granted to him.

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4. Learned counsel for the State while referring to its reply would submit that the petitioner retired from the services on 31.10.2018 vide Annexure P-1, thereafter, he is being paid 90% provisional pension, but vide Bill No. 37 dated 04.5.2019 the excess amount of provisional pension 42,347/- has been paid to the petitioner,₹ which has to be recovered. He further submits that the petitioner was class -II gazetted officer, therefore, he was not entitled to get medical allowances, despite that, misusing the position of 'Drawing and Disbursing Officer' allocated to him by the government, he withdrew a sum of 1,600/- for a period of eight months using₹ his own signature. He further submits that the petitioner, being drawing & Disbursing Officer (D.D.O.) without any allotment, illegally occupied the government accommodation for about 8 months also withdrew House Rent Allowance putting his signature, for which 14,048/- + Basic pay and DA 2,214/- is recoverable from₹ ₹ the petitioner. Thus, total amount which has to be recovered from the petitioner is ₹ 60,209/-. He further submits that on account of aforesaid dues recoverable from the petitioner, his salary / pension has not been revised and a notice (Annexure R-1) dated 25.08.2023 has been issued to him, therefore, learned counsel for the petitioner submits that the instant petition deserves to be rejected.

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5. I have heard learned counsel for the parties and perused the material available on record.

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6. Undisputedly, the petitioner retired from services on 31.10.2018 on attaining the age of superannuation. It is also not in dispute that the petitioner is being paid 90 % provisional pension.

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7. As per letter dated 25.08.2023 (Annexure R-1) issued by the Principal, Industrial Training Institute, Bastar (C.G.), ₹ 57,995/- is recoverable from the petitioner. For ready reference, aforesaid letter is reproduced below :-

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म ्ቅ ांक - औ् ቚ सं / सथापना ् / 2023 / 4324 / बसतर ् , द�नांक ि 25.08.2023

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तित,

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ी वी०के० दिम्ቦा, ्ቚाचा्቟� व्ቇ�-02 (सेवादिनवृ्ቈ ) भवन नं.05 ्ቇली नं.06 मानस दिवहार स्቎ऋदि$ कॉलोनी सड़क नं. 06 लमती दिव्቟न जबलपुर मध ् �ेश

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दव$् ि ቟ :- अत-क भु् ि ቇ तान की राशश वसूली बावत। ि

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-000-

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उपरो्ሹ दिव$्቟ांत्ቇ�त आप दि�नांक 12.03.2018 से 30.10.2018 तक औ्ቕोदि्ቇक ्ቚशिश्ቌण संस्था बस्तर से आपका वेतन/अन ् स्वत्वों का भु्ቇतान दिक्቟ा ्ቇ्቟ ा है। उ्ሹ का्቟ा�दिवति- में आपको दिनम्न दिववरण अनुसार राशिश भु्ቇतान दिक्቟ा ्ቇ्቟ ा है। जो दिक वसूली ्቟ोग ् है।

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90 ्ቚतितशत ्ቚत ् ाशिशत पेंशन 42347.00 रूप्቟े आपको अति-क भु्ቇतान दिक्቟ा ्ቇ्቟ ा है। जो दिक शासन के म� में जमा कर �ेवें।

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इस संस्था कॉलोनी में रिर्ሹ शासकी्቟ आवास्ቇृह में 8 माह आप दिन:शुल्क रहे उसका 14048.00 शासकी्቟ म� में जमा कर �ेवें।

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आपके ्ቛारा 8 माह तक 200.00 रूप्቟े ्ቚतितमाह तिचदिकत्सा भ्ቈा लिल्቟ा ्ቇ्቟ ा है। 1600.00 रूप्቟े शासकी्቟ म� में जमा कर �ेवें।

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नोट :- क ु ु ल राशश ि 57995.00 र ू प् ቟े े वसूली ् ቟ ोग ् है।

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(पी०एन० सिसन्हा)

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्ቚाचा्቟� औ्ቕोदि्ቇक ्ቚशिश्ቌण संस्था

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बस्तर (छ्ቈीस्ቇढ़)

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पृ०्ቅमांक-औ्ቚसं / स्थापना / 2023 / 4325 ्ቚतितलिलदिप:- / बस्तर, दि�नांक 25.08.2023

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संचालक, संचालनाल्቟ रोज्ቇार एवं ्ቚशिश्ቌण इन ् ावती भवन ्ቚथम तल ब्लॉक नं. 04 न्቟ा रा्቟पुर की ओर सूचनाथ� सं्ቚेदि$त।

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सं्቟ु्ሹ संचालक, (्ቚशिश्ቌण) औ्ቕोदि्ቇक ्ቚशिश्ቌण संस्थाएं ्ቌे्ቔ ी्቟ का्቟ा�ल्቟ ज्ቇ�लपुर की ओर सूचनाथ� सं्ቚेदि$त।

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ाचा्቟�, औ्ቕोदि्ቇक ्ቚशिश्ቌण संस्था, �रभा को सूचनाथ�।

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(पी०एन० सिसन्हा)

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बस्तर (छ्ቈीस्ቇढ़)

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8. A bare perusal of the aforesaid letter (Annexure R-1) shows that it was issued after about 5 years from the date of retirement of the petitioner, though it has been mentioned in Annexure R-1 that an excess payment of 42,347/- was₹ made to him in the form of provisional pension i.e. 90%.

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9. In reply, it has not been stated by the respondents/State that what was the exact 90% provisional pension of the petitioner for the month of May, 2019 against which, excess amount of 42,347/- has been paid to him. Alleged bill₹ No. 37, dated 4.5.2019 has also not been annexed with the return. As per Annexure P-11, Principal, Govt. Industrial Training Institute, Darbha, District Bastar has issued ‘No objection Certificate’ in favour of the petitioner stating that neither he has been allotted government accommodation nor any amount against the allotment of government accommodation is recoverable from him (petitioner), despite that the Principal had issued letter (Annexure R-1) that ₹ 14,048/- is recoverable from him on account of illegally occupying government accommodation for a period of 8 months, but it has not been mentioned neither in the letter (Annexure R-1) nor in the return filed by the respondents/State that for which 8 months, the petitioner had illegally occupied the government accommodation and what was the number / identity of the said government accommodation.

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10 . It has also been mentioned in the letter (Annexure R-1) that the petitioner has received 200/- per month against the medical allowances for 8 months,₹ therefore, a sum of 1,600/- is to be recovered from him. However, neither the₹ letter (Annexure R-1) nor the reply filed by the State specifies for which 8 months the petitioner received ₹ 200/- per month as a medical allowance. It is also

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pertinent to mention here that the petitioner has filed his copy of last pay bill (Annexure P-12) of the month of October, 2018 when he retired. This document show that ₹ 1,400/- has been deducted from his salary against the medical allowance received by him, but nothing has been stated by respondents in their return in this regard. Further, as per the letter (Annexure R-1), the total amount alleged to be recoverable against the petitioner is 57,995/- but the total amount₹ recoverable from the petitioner in the return is stated to be 60,209/-.₹

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11. In view of above, it is quite clear that not only letter (Annexure R-1) has been issued to the petitioner after about 5 years from his retirement, rather letter (Annexure R-1) is vague and contradictory. While filing return, the State ought to have filed all the necessary documents in support of the contention made in the return, but neither vagueness of Annexure R-1 has been explained in return nor alleged Bill No. 37, dated 04.05.2019 mentioned in paragraph 4 of the return has been filed. Thus, it is quite clear that letter (Annexure R-1) dated 25.8.2023 is not only vague and issued belatedly after retirement of the petitioner, but the same has not been clarified by the respondents /State in its return.

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12. It is also pertinent to mention here that the contents of the ‘No Dues Certificate’ issued in favor of the petitioner, as well as the letter (Annexure R-1), are also contradictory.

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13. In view of the foregoing discussion, this court is inclined to quash the letter dated 25.08.2023 (Annexure R-1) issued by the Principal, Industrial Training Institute, Bastar (C.G.) for recovery of Rs. 57,995/- against the petitioner, hence, the same is hereby quashed. The respondents authorities are directed to release the monetary benefit of Third time Bound Pay Scale granted to the petitioner vide order dated 18.10.2019 (Annexure P-2) by revising the pay scale and other monetary benefits of the petitioner payable to him flowing from that order.

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14. Let this exercise be done within a period of 6 months from the date of receipt /submission of copy of this order.

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15. Accordingly, the writ petition is allowed to the extent indicated hereinabove.

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Sd/-

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(Naresh Kumar Chandravanshi) Judge

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AMITKUMARDUBEY Digitally signedby AMITKUMAR DUBEYDate:2026.05.1110:58:12 +0530