Shyamlal vs The State Of Madhya Pradesh
2022 Latest Caselaw 381 MP

                                                                    1                                  WP-5886-2017
                                        The High Court Of Madhya Pradesh
                                                  WP No. 5886 of 2017
                                                (SHYAMLAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                Indore, Dated : 07-01-2022
                                       Shri Arvind Kumar Sharma, learned counsel for the petitioner .

                                       Shri Sanjay Karanjawala, learned counsel for the respondent/State.

Heard on I.A. No.1050/2021, which is an application for disposal of the petition.

The petitioner before this Court has filed this present petition stating that he was appointed on the post of Sahayak Bhumi Sarankshak Adhikari in

the Kisan Kalyan and Srishi Vikash Dewas on 03.03.1979 and he has sought retirement which came into effect on 31.07.2017.

The petitioner's grievance is that after retirement, the respondents have effected recovery, which is as under:

i) The principle amount is Rs.1,36,050/-;

ii) The interest on this amount is Rs.86,508/-;

ii) The total amount is Rs.2,22,528/-.

Learned counsel for the petitioner has argued before this Court that in similar circumstances, a large number of writ petitions have been allowed by

this Court and the interest component has been quashed keeping in view the judgment delivered by the Division Bench in W.A. No.120/2008 (State of Madhya Pradesh and others Vs. Rajendra Bhawsar) decided on 06.08.2018.

The aforesaid judgment has not been disputed by the learned counsel for the respondent/State and in the aforesaid case the interest component was quashed by the learned Single Judge, which has been affirmed by the Division Bench in similar circumstances.

Resultantly, after hearing the learned counsel for the respondent/State and after going through the record, the present writ petition is partly allowed. The recovery against the petitioner is upheld, however, the interest

Signature Not Verified SAN component is hereby quashed. The interest component recovered from the

Digitally signed by JYOTI CHOURASIA Date: 2022.01.10 14:59:20 IST 2 WP-5886-2017 petitioner be refunded back to the petitioner within a period of 30 days from the date of receipt of certified copy of this order.

With the aforesaid, present petition stands partly allowed.

(PRANAY VERMA) JUDGE

jyoti

Signature Not Verified SAN

Digitally signed by JYOTI CHOURASIA Date: 2022.01.10 14:59:20 IST