Chattisgarh High Court
Satruhan Singh Sahu And Ors vs State Of Chhattisgarh And Ors on 10 September, 2021
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 351 of 2012
1. Satruhan Singh Sahu S/o Shri Bahur Singh
Sahu, aged about 39 years, Shikchha Karmi
Verg - 2, Govt. Primary School Koligapuri,
District Durg, C.G.
2. Smt. Yadav Kumari Sahu, W/o Shri Ashok Kumar
Sahu, aged about 38 years, Shikchha Karmi
Verg - 2, Govt. Primary School Kokdhi,
District Durg, C.G.
3. Jayant Yadav, S/o Shri S.R. Yadav, aged
about 40 years, Shikchha Karmi Verg - 2,
Govt. Primary School Karanj, Bhilai,
District Durg, C.G.
4. Gowardhan Prasad Chadravanshi S/o Lae Shri
Bisambhar Chadravanshi, aged about 39 years,
Shikchha Karmi Verg - 2, Govt. Primary
School Ghughsidhih, District Durg, C.G.
5. Poshan Kumar Markandey, S/o Late Shri Tiju
Ram Markandey, aged about 34 years, Shikchha
Karmi Verg - 2, Govt. Primary School
Dumadhih, District Durg, C.G.
6. Ramesh Kumar Madhariya, S/o Shri Rupsingh
Madhariya, aged about 35 years, Shikchha
Karmi Verg - 2, Govt. Primary School Aanjora
(Dhaba), District Durg, C.G.
7. Smt. Sarangdhi Sharma, W/o Shri Mukesh Kumar
2
Sharma, aged about 43 years, Shikchha Karmi
Verg - 2, Govt. Primary School Khelidhih,
District Durg, C.G.
8. Smt. Vinita Dubey, W/o Shri Anil Kumar
Dubey, aged about 45 years, Shikchha Karmi
Verg - 2, Govt. Primary School Khelidhih,
District Durg, C.G.
9. Upendra Kumar Katendra, S/o Shri Kanhaiyalal
Katendra, aged about 38 years, Shikchha
Karmi Verg - 2, Govt. Primary School
Khelidhih, District Durg, C.G.
10. Smt. Gita Barmase, S/o Shri Prakash Kumar
Barmase, aged about 36 years, Shikchha Karmi
Verg - 2, Govt. Primary School Nandkatdhi,
District Durg, C.G.
11. Smt. Nidhi Tiwari, W/o Shri Jagendra Sarma,
aged about 35 years, Shikchha Karmi Verg -
2, Govt. Primary School Nandkatdhi, District
Durg, C.G.
12. Homat Lal Sudhakar, S/o Tilak Ram Sudhakar,
aged about 38 years, Shikchha Karmi Verg -
2, Govt. Primary School Ghasidas Nagar
Nikum, District Durg, C.G.
13. Smt. Rambai Dahariya, W/o Shri Jayendra
Dahariya, aged about 36 years, Shikchha
Karmi Verg - 2, Govt. Primary School
Ghasidas Nagar Nikum, District Durg, C.G.
14. Panch Ram Dewangan, S/o Late Shri Smaru Ram
3
Dewangan, aged about 37 years, Shikchha
Karmi Verg - 2, Govt. Primary School Aamti,
District Durg, C.G.
15. Tameshwar Prasad Deshmukh, S/o Shri Jivan
Lal Deshmukh, aged about 37 years, Shikchha
Karmi Verg - 2, Govt. Primary School
Sanlagn, District Durg, C.G.
16. Premlal Sahu, S/o Shri Chait Ram Sahu, aged
about 43 years, Shikchha Karmi Verg - 2,
Govt. Middle School Ghughsidhih (Utai),
District Durg, C.G.
17. Smt. Jhuneswari Patel, W/o Shri
Shesanarayan Patel, aged about 36 years,
Shikchha Karmi Verg - 2, Govt. Primary
School Arsnara, District Durg, C.G.
18. Roman Lal Deshmukh, S/o Shri Mangluram
Deshmukh, aged about 36 years, Shikchha
Karmi Verg - 2, Govt. Primary School
Nagpura, District Durg, C.G.
19. Umashanker Sahu, S/o Shri J.R. Sahu, aged
about 37 years, Shikchha Karmi Verg - 2,
Govt. Middle School Dadesora, District Durg,
C.G.
20. Smt. Sapna Goswami, W/o Shri Anil Kumar
Goswami, aged about 34 years, Shikchha Karmi
Verg - 2, Govt. Middle School Dhoba,
District Durg, C.G.
21. Parsram Sahu, S/o Itvari Ram Sahu, aged
4
about 34 years, Shikchha Karmi Verg - 2,
Govt. Primary School Thanod, District Durg,
C.G.
22. Loman Singh, S/o Shri Ramdin Thakur, aged
about 37 years, Shikchha Karmi Verg - 2,
Govt. Primary School Kokdhi, District Durg,
C.G.
23. Smt. Vibha Rani, W/o Shri Vipin Kumar Nand,
aged about 37 years, Shikchha Karmi Verg -
2, Govt. Primary School Koligapuri, District
Durg, C.G.
24. Smt. Savita Thakur, W/o Shri Ramesh Kumar
Thakur, aged about 36 years, Shikchha Karmi
Verg - 2, Govt. Primary School Jevra,
District Durg, C.G.
25. Smt. Gitanjali Chandrakar, W/o Shri Prem
Lal Chadrakar, aged about 43 years, Shikchha
Karmi Verg - 2, Govt. Primary School
Ghasidas Nagar Ghughsidhih, District Durg,
C.G.
26. Smt. Dulari Thakur, W/o Shri Puneshwar
Kumar Thakur, aged about 39 years, Shikchha
Karmi Verg - 2, Govt. Primary School
Ghasidas Nagar Ghughsidhih, District Durg,
C.G.
27. Smt. Taruna Varma W/o Shri Chandrasekhar
Varma, aged about 36 years, Shikchha Karmi
Verg - 2, Govt. Primary School Indira Nagar
5
Chikhli, District Durg, C.G.
28. Kumari Rakhi Ranideve, D/o Shri Bhaiyalal
Ranideve, aged about 36 years, Shikchha
Karmi Verg - 2, Govt. Primary School Indira
Nagar Chikhli, District Durg, C.G.
29. Shrawan Kumar Sinha, S/o Shri Domar Singh
Sinha, aged about 40 years, Shikchha Karmi
Verg - 2, Govt. Higher Secondary School
Colony Ruwabandha Sector Bhilai, District
Durg, C.G.
30. Smt. Suman Pandey W/o Shri Vinay Kumar
Pandey, aged about 38 years, Shikchha Karmi
Verg - 2, Govt. Primary School Jevra,
District Durg, C.G.
31. Smt. Navnit Thakur, S/o Shri Minesh Kumar
Thakur, aged about 34 years, Shikchha Karmi
Verg - 2, Govt. Primary School Dumrdhih,
District Durg, C.G.
32. Smt. Surekha Mandavi, W/o Shri Ram Awtar
Mandavi, W/o Shri Ram Awtar Mandavi, aged
about 32 years, Shikchha Karmi Verg - 2,
Govt. Primary School Dumrdhih, District
Durg, C.G.
33. Smt. Kalpana Sahu, W/o Shri Vijay Basant
Sahu, aged about 42 years, Shikchha Karmi
Verg - 2, Govt. Primary School Khapri
Sankul, District Durg, C.G.
34. Smt. Kamleshwari Bhimre, W/o Shri
6
Jageshwari Lal Bhimre, aged about 42 years,
Shikchha Karmi Verg - 2, Govt. Primary
School Borai Rasmata, District Durg, C.G.
35. Pushpanjali Deshmukh, W/o Shri Rohit
Deshmukh, aged about 36 years, Shikchha
Karmi Verg - 2, Middle School Amti, District
Durg, C.G.
Petitioners
Versus
1. State of Chhattisgarh through the Secretary,
Panchayat Department, D.K.S. Building,
Raipur, C.G.
2. District Education Officer, District Durg,
C.G.
3. Chief Executive Officer Zila Panchayat,
Durg, C.G.
Respondent
For Petitioners : Mr. Vinod Sharma, Advocate. For State/Respondents No.1 & 2 : Mr. Soumya Rai, PL For Respondent No.3 : Mr. Pawan Shrivastava, Advocate.
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 10/09/2021
1. Learned counsel for the petitioners would 7 submit that by the impugned orders dated 11.05.2009 & 07.07.2009 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.
2. Learned counsel for the respondents would support the impugned order.
3. I have heard learned counsel for the parties and considered their rival submissions and also perused the record with utmost circumspection.
4. True it is that by the impugned order the Chief Executive Officer, Zila Panchayat, Durg, has held that the petitioners have wrongly been given four weightage in granting the payscale 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 8 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.
5. In view of that the impugned orders dated 11.05.2009 & 07.07.2009 are set aside set aside. The Chief Executive Officer, Zila Panchayat, Durg, is at liberty to proceed in accordance with law.
6. The writ petition is allowed to the extent indicated hereinabove.
Sd/ (Sanjay K. Agrawal) Judge Ankit