Sajjan Singh Solanki vs Ajmer Vidhyut Vitaran Nigam Ltd. ...
2023 Latest Caselaw 9884 Raj

[2023:RJ-JD:39949]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15461/2019

Sajjan Singh Solanki S/o Shri Bhanwar Singh Solanki, Aged About 60 Years, By Caste Solanki, R/o Plot No. 53-A, Pratap Nagar, Shri Ram Colony, Udaipur (Rajasthan). (Retired From The Post Of Helper-1, Office Of Assistant Engineer (St-Ii), Ajmer Vidhyut Vitaran Nigam Limited, Madhuban (Udaipur Circle) Udaipur (Rajasthan).

----Petitioner Versus

1. Ajmer Vidhyut Vitaran Nigam Ltd., Through Its Managing Director, Vidhyut Bhawan, Pancheel, Ajmer (Rajasthan).

2. Chief Engineer (Udaipur Circle), Ajmer Vidhyut Vitaran Nigam Limited, Udaipur (Rajasthan)

3. Assistant Engineer (St-Ii), Ajmer Vidhyut Vitaran Nigam Limited, Udaipur (Rajasthan)

4. Senior Accounts Officer (Pension), Ajmer Vidhyut Vitaran Nigam Limited, Udaipur (Rajasthan)

5. Accounts Officer (Udaipur Circle), Ajmer Vidhyuit Vitaran Nigam Limited, Udaipur (Rajasthan)

----Respondents

For Petitioner(s) : Mr. Shiv Kumar Vyas. For Respondent(s) : Mr. Pradeep Sharma.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

20/11/2023

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

against the order of recovery dated 10.04.2019 (Annex.-9) and

the order dated 30.04.2019 (Annex.10) passed by the

respondents seeking refund of the amount of Rs.68,537/-

alongwith interest and for seeking re-fixation based on the un-

amended order.

[2023:RJ-JD:39949] (2 of 3) [CW-15461/2019]

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 is 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 orders dated 10.04.2019 (Annex.9) and 30.04.2019

(Annex.10) are quashed and set aside. The amount of Rs.68,537/-

recovered from the petitioner be refunded back alongwith interest

[2023:RJ-JD:39949] (3 of 3) [CW-15461/2019]

@ 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.

(KULDEEP MATHUR),J 94-Prashant/-

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