Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15139 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Mr. Om Prakash Sharma, learned Counsel for the petitioner and Mr. I. P. Srivastava, learned A.C.S.C.
2. It is not disputed that the petitioner has taken personal loan of Rs. 2,00,000/- against the G.P.F., which was not repaid, and now by the impugned order, not only the said amount is being
directed to be recovered but interest of about double of the said amount is also directed to be recovered. It is not under dispute that impugned order was passed after about a decade of his retirement.
3. Mr. Om Prakash Sharma, learned Counsel for the petitioner submits that the petitioner is ready to repay the original amount of Rs. 2,00,000/- within four weeks and prays that the interest part of it may be exempted since factum of loan is not disputed.
4. Mr. I.P. Srivastava, learned A.C.S.C. opposes the aforesaid prayer made by the learned Counsel for the petitioner and submits that the petitioner was in default and since admittedly he has not repaid the loan amount, the interest was calculated in terms of the relevant provisions. Versus Counsel for Petitioner(s) : Om Prakash Sharma, Om Prakash Singh Counsel for Respondent(s) : C.S.C. Krishna Prasad .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
5. The Court in exercise of extraordinary jurisdiction under Article 226 of the Constitution as well as considering the peculiarly circumstances of the present case that the impugned
order was passed after ten years of retirement of the petitioner, a ground for interference in the impugned order to the extent of interest is made out since admittedly the petitioner has not repaid the amount of loan.
6. Accordingly, this writ petition is disposed of with a direction that if the petitioner pays Rs. 2,21,000/- towards loan and interest within a period of four weeks, the recovery of remaining part of interest shall be exempted. In default, the respondents would have liberty to recover entire amount of Rs. 4,20,802/- October 8, 2025 Vijay WRIA No. 15139 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad