Bajrang Lal Vyas vs State Of Rajasthan
2022 Latest Caselaw 7511 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5860/2019

Bajrang Lal Vyas S/o Late Shri Kedar Nath Vyas, Aged About 61 Years, Resident Of Chhanganio Ka Mohalla, Near Kash Nadi, Bikaner.

----Petitioner Versus

1. State of Rajasthan, through the Principal Secretary, IGNP, Government of Rajasthan, Jaipur.

2. The Chief Accounts Officer (Inspection), IGNP, Government of Rajasthan, Bikaner.

3. Assistant Director, Pension and Pensioners Welfare Department, Bikaner.

----Respondents

For Petitioner(s) : Mr. Ram Kishore Soni For Respondent(s) : Mr. Ravi Panwar, Addl. Govt. Counsel

HON'BLE MS. JUSTICE REKHA BORANA

Order

19/05/2022

Counsel for the respondents submits that the issue in the

present matter rests squarely covered by the judgment passed in

Rais Ahmad Vs. State of Raj. & Ors. (S.B. Civil Writ Petition

No.13437/2018) decided on 25.04.2022.

Counsel for the petitioner does not refute the above

submission but he submits that in view of the ratio as laid down

in the case of State of Punjab Vs. Rafiq Masih (White

Washer) & Ors. reported in 2015 (2) WLC (SC) Civil 388 and

followed by this Court in the case of Bhura Lal Vs. Ajmer

Vidhyut Vitran Nigam Ltd. & Ors. (S.B.C.W.P.

(2 of 2) [CW-5860/2019]

No.11431/2011) decided on 12.03.2015, the recovery which

has already been made from him ought to be refunded to him.

In view of the ratio as laid down in Rafiq Masih's case

(supra), no recovery from the petitioner can be said to be

permissible in law.

Consequently, the writ petition is allowed. The respondents

authorities are directed to refund the amount already adjusted

from the gratuity amount of the petitioner qua the excess amount

towards the grant of third ACP. The amount of Rs.2,47,521/-

recovered from the petitioner's retiral benefits shall be refunded to

him with interest @ 6% per annum from the date the recovery

was effected till the date of actual payment. The said payment be

made within a period of 3 months from the date of receipt of the

copy of the present order.

(REKHA BORANA),J 56-AnilKC/-

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