Gujarat High Court
Jethalal Ambalal Patel vs Anand Agricultural University on 21 October, 2021
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
C/SCA/15865/2021 ORDER DATED: 21/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15865 of 2021
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JETHALAL AMBALAL PATEL
Versus
ANAND AGRICULTURAL UNIVERSITY
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Appearance:
MR GUNVANT B SHAH(3859) for the Petitioner(s) No. 1
MR SAMIR B GOHIL(5718) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 21/10/2021
ORAL ORDER
1. Heard learned Advocate Mr.Samir Gohil on behalf of the petitioner.
2. By way of this petition, the petitioner challenges orders dated 22.7.2019 and 26.5.2020, whereby in total an amount of Rs.4,12,782/- with interest at the rate of 9% p.a. is sought to be recovered from the present petitioner.
3. Learned Advocate Mr.Gohil would submit that the petitioner had retired from service in the month of December 2014 and whereas the case of the petitioner would be covered by the decision of the Hon'ble Apex Court in case of State of Punjab Vs. Rafiq Masih, reported in (2015) 4 SCC 334, more particularly paragraph No.18(ii), wherein the Hon'ble Apex Court has prohibited recovery from retired employees or employees who are due to retire within one year, of the order of recovery. Learned Advocate would further submit that in any case every payment made in excess of what the petitioner is otherwise entitled to could not have been attributed to any misrepresentation on the part of the petitioner .
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4. Having regard to the submissions made by the learned Advocate, issue notice to the respondents returnable on 2.12.2021.
(NIKHIL S. KARIEL,J) V.V.P. PODUVAL Page 2 of 2 Downloaded on : Sat Oct 23 04:53:36 IST 2021