Bhagwandas Rai vs The State Of Madhya Pradesh
2025 Latest Caselaw 5842 MP

Madhya Pradesh High Court

Bhagwandas Rai vs The State Of Madhya Pradesh on 21 March, 2025

         NEUTRAL CITATION NO. 2025:MPHC-JBP:14130




                                                            1                             WP-10107-2025
                            IN        THE   HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                            HON'BLE SHRI JUSTICE VIVEK JAIN
                                                ON THE 21st OF MARCH, 2025
                                              WRIT PETITION No. 10107 of 2025
                                                  BHAGWANDAS RAI
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                                 Shri Parag Tiwari - Advocate for the petitioner.

                                 Shri Abhishek Singh Government Advocate for the respondent-State.

                                                                ORDER

The petitioner is aggrieved by the order Annexure P/1 dated 20.02.2025 whereby the respondents have denied the payment of interest to the petitioner on the amount of Rs. 912153/- withheld by them.

2. Upon perusal of the documents placed on record, it is evident that there was recovery of excess payment made to the petitioner from his gratuity amounting to Rs. 912153/- and the same was challenged in W.P. No. 24145/2022 by the petitioner before this Court. That petition was decided

vide order dated 08.05.2024 and in para 6.6(ii) of the order the following direction was passed:-

"(ii) The cases in which the recovery has already been effected by the respondents/State, be taken up on priority basis. The respondents-authorities to consider those cases in the light of the Full Bench judgment in the case' of Jagdish Prasad Dubey (supra) and pass a final order with respect to the fact that whether any recovery .can be effected looking to the facts and circumstances of the respective cases and if the respondents-authorities arrive at a conclusion that no recovery can be made from them, the amount

NEUTRAL CITATION NO. 2025:MPHC-JBP:14130

2 WP-10107-2025 recovered from them be refunded along with interest at the rate of6% per annum from the date of recovery till the date of realization. The aforesaid exercise be completed within a period of three months from the date of receipt of a certified copy of this order,"

3. The petitioner in view of the aforesaid para 6(ii) of the order passed in W.P. No. 24145/2022 was undoubtedly entitled to 6% interest on the withheld amount from the date of retirement till the actual payment. However, the respondents have rejected the representation of the petitioner on the ground that there is no order of this Court for payment of interest @ 12%.

4. True it is that there is no order of this Court for payment of interest @ 12% but an order is there for interest @ 6% on the withheld

amount.

5. Consequently, the order Annexure P/1 is set-aside and the respondents No. 1 to 4 are directed to pay interest @ 6% on the withheld amount of Rs. 912153/- from the date of retirement till its actual payment on the principal amount.

6. Let necessary process be completed within one months from the date of production of copy of this order.

7. Petition is allowed and disposed of.

(VIVEK JAIN) JUDGE

MISHRA