Bhera vs Avvnl Ajmer And Ors
2022 Latest Caselaw 11486 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3397/2018

Bhera S/o Shri Vaisha Gameti, Resident Of Village Naya Kheda, Post And Tehsil Nai, District Udaipur- Retired As Cca-Iii From The Office Of Assistant Engineer Ph-I, Ajmer Vidhyut Vitran Nigam Limited, Udaipur Rajasthan.

----Petitioner Versus

1. Ajmer Vidhyut Vitran Limited Through Its Managing Director, Old Power House, Hathi Bhata, Ajmer.

2. Superintending Engineer O And M Ajmer Vidyut Vitran Nigam Limited, Patel Circle, Udaipur.

3. Accounts Officer Udaipur Circle, Ajmer Vidhyut Vitran Nigam Limited, Udaipur.

4. Assistant Engineer Ph-I, Ajmer Vitran Nigam Limited, Gulab Bagh, Udaipur.

                                                                ----Respondents


For Petitioner(s)        :     Mr. SKM Vyas
For Respondent(s)        :     Mr. Mrigraj Singh

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

15/09/2022

This writ petition has been filed by the petitioner aggrieved

against the orders of recovery dated 11.04.2017 (Annex.-8) and

13.06.2017 (Annex.-7) passed by the respondents and seeking

refund of the amount of Rs.69,633/- alongwith interest and

seeking re-fixation based on the un-amended order.

Learned counsel for the petitioner does not press for re-

fixation and submits that the rest of the issue raised in the

present writ petition is squarely covered by the judgment of this

Court in Hari Lal Veragi v. Ajmer Vidhyut Vitran Nigam

(2 of 2) [CW-3397/2018]

Limited & Ors. : S.B. Civil Writ Petition No.1864/2015,

decided on 18.05.2015 and Ramesh Chandra Joshi v. Ajmer

Vidhyut Vitran Nigam Ltd. & Ors.: S.B. Civil Writ Petition

No.7645/2012, decided on 02.08.2016, wherein this Court

relying on judgment in the case of State of Punjab & Ors. v.

Rafiq Masih (White Washer): (2014) 8 SCC 883 has directed

as under:-

"Accordingly, the writ petition is allowed in the following terms:-

The impugned order (Annexure-2) dated 30.04.2012 whereby, the respondents effected the recovery of Rs.2,29,891/- from the petitioner's terminal benefits is hereby quashed and set aside. The respondents are directed to reimburse the said amount to the petitioner with interest at the rate of 9% per annum from the date of recovery till the date of actual payment. For future payments accruing to the petitioner towards pension, the respondents, if so advised, shall be entitled to revise the same after making refixation as per the record in case rules so permit.

No order as to costs."

Learned counsel for the respondents is not in a position to

controvert the said aspect.

In view of the above, the present writ petition filed by the

petitioner to the extent pressed is also allowed. The orders dated

13.06.2017 (Annex.-7) and 11.04.2017(Annex.-8) are quashed

and set aside. The amount of Rs.69,633/- recovered from the

petitioner be refunded back alongwith interest @ 9% per annum

from the date of recovery till the date of actual payment.

The needful may be done by the respondents within a period

of two months from the date a certified copy of this order is

placed before the respondents.

(KULDEEP MATHUR),J 74-KshamaD/-

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