Rajendra Singh Rajpurohit vs The State Of Rajasthan ...
2023 Latest Caselaw 10842 Raj

Citation : 2023 Latest Caselaw 10842 Raj
Judgement Date : 18 December, 2023

Rajasthan High Court - Jodhpur

Rajendra Singh Rajpurohit vs The State Of Rajasthan ... on 18 December, 2023

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2023:RJ-JD:44241]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 19092/2023

Rajendra       Singh    Rajpurohit        S/o     Late      Shri    Bhanwar   Singh
Rajpurohit, Aged About 65 Years, Resident Of 2Nd D 80, J.n.
Vyas Colony, Bikaner (Raj.).
                                                                       ----Petitioner
                                       Versus
1.       The    State      Of     Rajasthan,         Through        The   Secretary,
         Department Of Home, Secretariat, Jaipur.
2.       The Director General Of Police, Government Of Rajasthan,
         Police Headquarter, Jaipur
3.       The Director, Directorate Of Pension And Pensioners
         Welfare Department, Jaipur.
4.       The Superintendent Of Police Cid, Cb Government Of
         Rajasthan, Jaipur.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Akhilesh Rajpurohit
For Respondent(s)            :     Mr. Manish Vyas, AAG
                                   Mr. Ravi Panwar, AGC



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

18/12/2023

Issue notice to the respondents.

Shri Manish Vyas, learned Additional Advocate General and

Shri Ravi Panwar, learned Govt. counsel are directed to accept

notice on behalf of the respondents. Service upon respondents is,

therefore, complete.

1. This writ petition has been filed by the petitioner aggrieved

against the order of recovery dated 11.12.2017 (Annex.-1)

passed by the respondents seeking refund of the amount of

Rs.1,48,218/- alongwith interest and for seeking re-fixation.

[2023:RJ-JD:44241] (2 of 3) [CW-19092/2023]

2. 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 vs. Ajmer Vidhyut Vitran Nigam

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

decided on 18.05.2015 and Ramesh Chandra Joshi vs. 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 of Hon'ble Supreme Court in the case of

State of Punjab & Ors. vs. 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."

3. Learned counsel for the respondents are not in a position to

controvert the said aspect.

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

petitioner to the extent pressed is also allowed.

5. The order dated 11.12.2017 (Annex.1) is quashed and set

aside. The amount of Rs.1,48,218/- recovered from the petitioner

[2023:RJ-JD:44241] (3 of 3) [CW-19092/2023]

be refunded back alongwith interest @ 9% per annum from the

date of recovery till the date of actual payment.

6. 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.