Smt. Vidya Grewal vs The State Of Madhya Pradesh
2022 Latest Caselaw 710 MP

                                    1

          HIGH COURT OF M.P. : BENCH AT INDORE
                          W.P. No.1113/2022
          Smt. Vidya Grewal W/o Late Shri M.L. Grewal
                     vs. State of M.P. and others
Indore : 14/01/2022 :-
      Heard Through Video Conferencing.
      Shri L.C. Patne, learned counsel for the petitioner.
      Ms. Vinitya Phaye, learned Government Advocate for the
respondents/State.
                                ORDER

1. The petitioner before this Court has filed this present petition being aggrieved by the order dated 04/01/2022 passed by the respondent No.3.

2. The petitioner's contention is that an order of recovery was issued against the petitioner directing recovery. Now the respondents are recovering the interest also on excess amount paid to the petitioner.

3. Learned counsel for the petitioner has drawn the attention of this Court towards the judgment delivered in the case of Rajendra Bhawsar V/s The State of Madhya Pradesh & Others (W.P. No.826/2017) and the co-ordinate Bench of this Court has quashed the recovery in respect of the interest component only.

4. A Writ Appeal was also preferred in the matter i.e. W.A. No.120/2018 (The State of Madhya Pradesh & Others v/s Rajendra Bhawsar) and the Division Bench of this Court has upheld the judgment delivered by the learned Single Judge, meaning thereby, the recovery in respect of the interest component has been quashed.

5. Learned Government Advocate for the respondents/State has not disputed the aforesaid facts.

6. This Court, after hearing learned counsel for the parties is of the considered opinion that the present writ petition deserves to be allowed and is accordingly, partly allowed. The respondents shall be free to recover the principal amount. It is further made clear that there will be no recovery in respect of the interest component. In case, the petitioner

attains the age of superannuation, the respondents shall be free to recover the amount from her terminal dues.

7. With the aforesaid, the present Writ Petition stands partly allowed.

8. It is needless to mention that in case, certified copy is not available due to some technical reason, the order uploaded on the website of the High Court shall be treated as certified copy for all purposes and the counsel shall be free to obtain certified copy later on as and when facilities are made available to her.

                                                (Pranay Verma)
Aiyer*                                              Judge
Digitally signed by
JAGDISHAN AIYER
Date: 2022.01.14
18:23:02 +05'30'