Smt. Prerna Kulkarni vs Public Health Department
2023 Latest Caselaw 2507 MP

                                                                   1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                             Lok Adalat
                                                         WP No. 29356 of 2018
                                       (SMT. PRERNA KULKARNI Vs PUBLIC HEALTH DEPARTMENT AND OTHERS)

                           Dated : 11-02-2023
                                  Shri Rakesh Pal, learned counsel for the petitioner.
                                  Ms. Bharti Lakkad, learned Panel Lawyer for the respondent/State.

1. The present petition is filed against recovery of Rs.1,56,907/- from the amount of Gratuity paid to the petitioner after retirement.

2. Learned counsel for the petitioner submits that the petitioner has no

objection for recovery of principal amount but if any interest has been added by the respondent, the same is not liable to be recovered from the petitioner. He further submits that the interest part is liable to be quashed as has been done by this Court in various judgments. However, the amount of interest is not shown in the aforesaid Writ Petition No.13581/2019 (S) recovered amount, even the return is also silent in this regard.

3. Learned counsel for the respondent / State has no objection for quashment of the interest part.

4. The petition is disposed of with the following directions:-

(a) If the amount of Rs.1,56,907/- itself is an principal amount then the petition be treated as dismissed, and

(b) If this amount is inclusive of interest then the interest part is quashed and this interest part be returned back to the petitioner.

Certified copy as per rules.

                              (JUSTICE PRANAY VERMA)                     (MAQBOOL AHMED MANSOORI)
                                   MEMBER                                       MEMBER

Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 14-02-2023
14:08:35

                           Shilpa




Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 14-02-2023
14:08:35