Rajasthan High Court - Jodhpur
Trilok Singh vs The Union Of India And Ors. ... on 9 October, 2023
Bench: Dinesh Mehta
[2023:RJ-JD:33777]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3040/2018
Trilok Singh S/o Shri Dau Singh, R/o Flat No.8 Lic Building, Patel
Circle, Udaipur, Rajasthan.
----Petitioner
Versus
1. The Union Of India Through Its Secretary, Ministry Of
Finance, Department Of Economic Affairs, Jeevandeep,
Parliament Street, New Delhi-10001.
2. The Secretary, Ministry Of Defence, Department Of Ex-
Serviceman Welfare, New Delhi.
3. The Secretary, Ministry Of Personnel, Public Grievances
And Pension, Department Of Personnel And Training, New
Delhi.jj
4. Executive Director Personnel, Life Insurance Corporation
Of India, Central Office, "yogakshema", Jeevan Bima
Marg, Pb No.19953, Mumbai-400021.
5. Manager Personnel And I/r, Lic, Divisional Office, Jeevan
Prakash, Ranade Marg, Alwar Gate, Ajmer.
6. Chief Manager, Life Insurance Corporation Of India,
Branch Office- 1, Udaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. DS Sodha
For Respondent(s) : Mr. Shashank Joshi
Mr. Deepak Bishnoi
JUSTICE DINESH MEHTA
Order
09/10/2023
1. Mr. Deepak Bishnoi is directed to appear for respondent Nos.
1 and 3 as well.
2. The service is, therefore, complete.
3. Mr. Sodha, learned counsel for the petitioner submitted that
during the pendency of the writ petition, the Government of India,
Ministry of Finance, Department of Financial Services had issued a
circular dated 03.11.2021 which substantially redressed the
petitioner's grievances.
[2023:RJ-JD:33777] (2 of 2) [CW-3040/2018]
4. Learned counsel invited Court's attention towards an order
dated 24.08.2023 passed by the Madhya Pradesh High Court in
the case of Heeralal Kushwaha Vs. Union of India & Ors. :
Writ Petition No. 3534/2018 and submitted that the impugned
order of recovery therein was quashed in light of circular dated
03.11.2021 and prayed that similar directions be issued to the
respondents to decide petitioner's representation in light of the
circular dated 03.11.2021 issued by the Government of India,
Ministry of Finance, Department of Financial Services so also the
judgment passed by Apex Court in the case of State of Punjab &
Ors. Vs. Rafiq Masih (White Washer) & Ors. reported in
(2015) 4 SCC 334.
5. Mr. Joshi, learned counsel for the respondent - Corporation is
not in a position to controvert the above position of law emanating
from the judgment in the case of Heeralal Kushwaha (supra).
6. The present writ petition is, therefore, allowed.
7. The orders impugned dated 06.01.2017 (Annexure.8) and
29.11.2017 (Annexure.9) qua the petitioner are hereby quashed.
8. The respondents shall be free to initiate fresh recovery if
deemed appropriate and necessary, however, after issuing a notice
to the petitioner.
9. Petitioner's right to file reply and to challenge the order if
prejudicial to him shall stand reserved.
10. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J
23-akansha/-
Powered by TCPDF (www.tcpdf.org)
