Virendra Kumar Lashkari vs Technical Education And Skill ...
2022 Latest Caselaw 3117 MP

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          HIGH COURT OF M.P. : BENCH AT INDORE
                          W.P. No.1996/2018
     Virendra Kumar Lashkari S/o Shri Ramchandra Lashkari
                     vs. State of M.P. and others
Indore : 04/03/2022 :-
      Shri R.S. Garg, learned counsel for the petitioner.
      Ms. Vineeta Phaye, learned Government Advocate for the
respondents/State.
      Heard.
                                ORDER

1. The petitioner before this Court has filed this present petition being aggrieved by the order dated 03/11/2017 passed by the respondent No.4.

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. 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.

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

5. 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 his terminal dues.

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

C.C. as per rules.

(Pranay Verma) Judge

Aiyer*

Digitally signed by JAGDISHAN AIYER Date: 2022.03.04 16:46:04 +05'30'