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2025 DAILYLAW 106911 (ALL)

VIRENDRA KUMAR v. State of UP AND 5 OTHERS

WRIA/18697/2024 · 2025-04-08

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51996 Court No. - 4 Case :- WRIT - A No. - 18697 of 2024 Petitioner :- Virendra Kumar Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Krishna Kumar Chaurasia Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for parties. 2. An affidavit has been filed in the matter by respondent No. 5 and vide paragraph- 10 it has been stated that the then principal had passed the order dated 20.12.2023 for recovery but that was not passed for any mala fide intention and soon thereafter an order was passed on 12.12.2024 for returning the recovered amount and now the same has been credited into the account of the petitioner. 3. Counsel for petitioner submits that the recovery was made in the year 2023 wholly illegally and no reason has been assigned as to why the recovery was made. Thus, petitioner was harassed and forced to file petition before this Court. It is also submitted that the amount has come to be credited into the account of petitioner only after the order was passed on 12.12.2024 and hence he is entitled to interest also. 4. In the given facts and circumstnaces of the case where the entire recovery was wholly illegally done despite the judgment of the Supreme Court in State of Punjab Vs. Rafiq Masih (White Washer) AIR 2015 SC 696 and the legal principle goes that nobody can seek excuse of ignorance of law. Hence, petitioner is held entitled to interest also from the date amount has been recovered till date the refund stands credited into his account. Petitioner shall be paid interest at the rate of 8% and the said amount of interest after calculation shall be paid to petitioner within a month of presentation of certified copy of this order. 5. It will remain, however, open for the respondents to hold an enquiry into the matter as to why the order of recovery was passed and then recover with interest from the salary or dues of the erring officials of the college. 6. The petition thus, stnads disposed of. Order Date :- 9.4.2025 Nadeem Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad