SMT. ANITA THAKUR vs STATE OF CHHATTISGARH

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2026:CGHC:12894
WPS No. 610 of 2020 & WPS No.4794 of 2020

2026:CGHC:12894
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 610 of 2020
 Jageshwari Sori W/o Late Rupdhar Sori, Aged About 40 Years,
Resident of Quarter No. 40, RES Colony, Kondagaon, District
Kondagaon, Chhattisgarh.
--- Petitioner
versus
1. State Of Chhattisgarh Through Secretary Department Of Home,
Mahanadi Bhawan, Mantralaya New Raipur, District Raipur
Chhattisgarh.
2. Assistant General Manager State Bank Of India Centralized
Pension Processing Cell Behind Working Women Hostel
Govindpura , Bhopal Madhya Pradesh 462023.
3. Branch Manager, Branch Office Kondagaon, District Kondagaon
Chhattisgarh.
--- Respondents
For Petitioner :- Mr. Vinod Kumar Sharma, Advocate, on
behalf of Mr. Ajay Shrivastava, Advocate.
For State :- Mr. Amit Buxy, Dy. Government Advocate.
For Respondents
No.2 & 3
:- Mr. P. R. Patankar, Advocate.
WPS No. 4794 of 2020
 Smt. Anita Thakur W/o Late Thaman Singh Thakur, R/o Q.No.-
36/4 New Police Line, 18 Acre, Rajnandgaon, District-
Rajnandgaon (Chhattisgarh).

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2026:CGHC:12894
WPS No. 610 of 2020 & WPS No.4794 of 2020
--- Petitioner
versus
1. State Of Chhattisgarh Through- Its Secretary, Department Of
Home, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal
Nagar, Raipur, Chhattisgarh.
2. Superintendent Of Police, District- Rajnandgaon (Chhattisgarh).
3. The Joint Director Pension, Treasury And Account, Durg
Division, Durg (Chhattisgarh).
4. The District Treasury Officer, District- Rajnandgaon
(Chhattisgarh).
5. The Assistant General Manager, State Bank Of India, Centralized
Pension Processing Cell, Behind Working Women Hostel,
Govindpura, Bhopal (Madhya Pradesh).
6. The Branch Manager, State Bank Of India, Govt. Business Branch,
Jai Stambh Chowk, Raipur, District- Raipur (Chhattisgarh).
7. The Branch Manager, State Bank Of India, Branch- Collectorate,
Rajnandgaon, District- Rajnandgaon (Chhattisgarh).
--- Respondents
For Petitioner :- Ms. Juhi Anguriya, Advocate, on behalf of
Mr. Rajesh Kumar Kesharwani, Advocate.
For State :- Mr. Amit Buxy, Dy. Government Advocate.
For Respondents
No.5 to 7
:- Mr. P. R. Patankar, Advocate.
[
SB- Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
18.03.2026
1. The petitioners are the widows of Police Constables, who lost
their husbands during Naxalite operations, preferred these two
writ petitions against orders Annexure P/1 in both the matters,

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2026:CGHC:12894
WPS No. 610 of 2020 & WPS No.4794 of 2020
by which excess payment of dearness allowance along with
pension was paid to the petitioners, is directed to be recovered.
2. Learned counsel for the petitioners would submit that the order
of recovery is totally unjustified as there was no
misrepresentation or fraud on the part of the petitioners and even
no opportunity of hearing was given to the petitioner before
starting recovery of the amount, therefore, the recovery order
deserves to be quashed.
3. On the other hand, learned counsel for the respondents, would
oppose the prayer made by learned counsels for the petitioners
and submit that though the excess payment has been made in the
extraordinary pension to the petitioners, but they were not
entitled to dearness allowance and, therefore, the instant writ
petition deserves to be dismissed.
4. I have heard learned counsel for the parties, considered their rival
submission made herein-above and gone through the records
minutely.
5. Admittedly, the petitioners herein are the widows of the
deceased Constables, who lost their lived in naxalite operation
and also there was no misrepresentation or fraud made by the
petitioners and further the dearness allowance was wrongly fixed

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WPS No. 610 of 2020 & WPS No.4794 of 2020
by the respondent / bank itself and, therefore, the petitioners
cannot be made responsible for the aforesaid mistake and they
cannot be penalized. Similar view has been taken by this Court
in the matter of Smt. Dileshwari Yadav v. State of Chattisgarh
1
and Ors .
6. In view of the above discussion, the impugned orders in both the
matters (Annexre P/1) are hereby quashed. Accordingly, the
instant writ petitions are allowed.
Sd/-
(Sanjay K. Agrawal)
Judge
Ankit
1 . WPS No.6883/2018; decided on 26.08.2025