Tukaram Sahu And ORS. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2087 of 2012

1. Tukaram Sahu S/o Anand Ram Sahu, aged about 35 years, Teacher (Panchayat), Govt. Middle School, Dhurwatola, Block Dondi, District Balod, C.G.

2. Nand Kumar Sahu, S/o Chhabi Lal Shu, aged about 39 years, Teacher (Panchayat), Govt. Middle School, Chhindgaon, Block Dondi, District Balod, C.G.

3. Smt. Uma Baby Tiwari, W/o Bodhan Prasad, aged about 47 years, Teacher (Panchayat), Govt. Middle School, Marri, Block Dondi, District Balod, C.G.

4. Smt. Babita Saverkar W/o Sukhram, aged about 37 years, Teacher (Panchayat), Govt. Middle School, Gotipara, Block Dondi, District Balod, C.G.

5. Smt. Ambika Kothari, W/o Shravn Kumar, Teacher (Panchayat), Govt. Middle School, Chhindgaon, Block Dondi, District Balod,

6. Lekhram Sahu, S/o Baldu Ram Sahu, aged about 39 years, Teacher (Panchayat), Govt. Middle School, Jurhatola, Block Dondi, District Balod, C.G.

7. Ku. Tulsa Lonhare, D/o Ramdas Lonhare, aged

about 35 years, Teacher (Panchayat), Govt. Middle School, Marri, Block Dondi, District Balod, C.G.

8. Ku. Prem Sharma, D/o Shivdayal Shamar, aged about 36 years, Teacher (Panchayat), Govt. Middle School, Rivagahan, Block Dondilohara, District Balod, C.G.

9. Aghan Singh Thakur, S/o Sirdar Singh, aged about 44 years, Teacher (Panchayat) Govt. Middle School Pandel Block Dondi Distt.

Balod C.G.

10. Smt. Kanak Verma, W/o C.L. Verma, aged about 48 years, Teacher (Panchayat), Govt. Middle School, Dhurvatola, Block Dondi, District Balod, C.G.

11.Smt. Savita Ghanshyam, W/o Jairam Ramteke, aged about 44 years, Teacher (Panchayat), Govt. Middle School, Durvatola, Block Dondi, District Balod, C.G.

12.Anita Thakur, W/o Jogendra Thakur, aged about 41 years, Teacher (Panchayat), Govt. Aadivasi Kanya Ashram Aamadula, Block Dondi, District Balod, C.G.

---- Petitioners

Versus

1. State of Chhattisgarh throuh the Secretary, Panchayat Department, D.K.S. Bhawan, Raipur,

2. Chief Executive Officer, Zila Panchayat Durg

3. Chief Executive Officer, Janpad Panchayat, Dondi, C.G.

4. Block Education Officer, Dondi, C.G.

---- Respondents For Petitioners :- Mr. Vinod Kumar Sharma, Adv. For Respondent No.2 :- Mr. Pawan Shivastava, Adv. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/08/2021

1. Proceedings of this matter have been taken up through video conferencing.

2. Learned counsel for the petitioners would submit that by the impugned order dated 22.02.2012 order of recovery has been passed against the petitioners without giving reasonable opportunity of hearing and without issuing any show cause notice to explain their stand which is liable to be set aside.

3. Learned counsel for the respondents would

support the impugned order.

4. I have heard learned counsel for the parties and considered their rival submissions and also perused the record with utmost circumspection.

5. True it is that by the impugned order the Chief Executive Officer, Zila Panchayat, Durg, has held that the petitioners have wrongly been given the weightage in granting the pay-scale w.e.f 01.04.2007 that has been directed to withdraw and the excess amount has been directed to be recovered from the petitioners but no opportunity of hearing has been afforded to them before passing the impugned order. Once the order of recovery has been passed petitioners ought to have been given show cause notice before passing the impugned order so that they could have explained their stand before the concerned authorities.

6. In view of that the impugned order dated 22.02.2012 is set aside set aside. The Chief Executive Officer, Zila Panchayat, Durg, is

at liberty to proceed in accordance with law.

7. The writ petition is allowed to the extent indicated herein-above.

Sd/- (Sanjay K. Agrawal) Judge Ankit