G M REGION FOOD CORP v. SHRI KAUSHAL CHAND SURLAYA
CW/37/2015 · 2025-09-17
Maneesh Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38488 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38488 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:38062] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 24/2015 The General Manager (Region), Food Corporation of India, 4 Nehru Place, Tonk Road, Jaipur ----Petitioner Versus Shri Vinod Kumar Gera, 10E-3, Parijat Colony, Mahavir Nagar-III, Kota-324005 ----Respondent Connected With S.B. Civil Writ Petition No. 37/2015 The General Manager (Region), Food Corporation of India, 4 Nehru Place, Tonk Road, Jaipur ----Petitioner Versus Shri Kaushal Chand Surlaya, Surlaya Sadan, Nagadi Mohalla, Near Temple of Teli, Bundi ----Respondent For Petitioner(s) : Mr. Narendra Singh Yadav For Respondent(s) : Mr. Najeeb A Khan HON'BLE MR. JUSTICE MANEESH SHARMA
Order 17/09/2025
1. The writ petition No. 24/2015 has been filed by the petitioner therein assailing the order dated 30.09.2014 passed by the Appellate Authority in Appeal No.PGA-2/14 and affirming the order dated 19.02.2014 passed by the Controlling Authority in case No.48(06)/2013-ALC titled as Vinod Kumar Vera Vs. The General Manager, Food Corporation of India. The writ petition No.37/2015 has been filed by the petitioner therein assailing the
[2025:RJ-JP:38062] (2 of 3) [CW-24/2015]
order dated 07.10.2014 passed by the Appellate Authority in Appeal No.PGA-2/14 and affirming the order dated 13.06.2014 passed by the Controlling Authority in case No.48(07)/2013-ALC titled as Kaushal Chand Surlaya Vs. The General Manager, Food Corporation of India.
2. While issuing notice in these writ petitions, this Court vide
order dated 04.03.2015 has passed the following order:-
"It is stated by the learned counsel Mr. Narendra Singh Yadav for the petitioner that the petitioner has already deposited the entire amount as per the direction given by the Appellate Authority. However, according to him, the FCI is not liable to pay the interest, and that too at such a higher rate at 10% per annum. Having regard to his submissions, notice be issued to the respondent only for a limited purpose for the reduction of the rate of interest, returnable on 30/3/2015. Put up on 30/3/2015, as prayed for. In the meanwhile, the amount deposited by the petitioner towards the interest part shall not be permitted to be withdrawn by the Appellate Authority."
3. Thus, the limited issue involved in the present matter is the rate of interest the respondents are entitled to. The Appellate Authority has awarded interest @ 10% per annum, and the petitioner has assailed it on the same ground, on the ground that the said rate is excessive. During the course of arguments, both parties conceded that, as against the 10% interest so awarded, the parties would be satisfied if the interest as prevalent in the year 2013-2014, prescribed by the Reserve Bank of India, is made applicable.
4. Therefore, this Court in light of the consensual statements made by respective counsels for both parties and while taking into
consideration that in the year 2013-2014 the rate of interest prescribed by the Reserve Bank of India was 8.28%, the present
[2025:RJ-JP:38062] (3 of 3) [CW-24/2015] writ petitions are disposed of with a direction that the petitioner will pay interest @ 8.28% per annum to the respondents in terms of the impugned orders passed by the controlling authority i.e. 19.02.2014 (w.e.f. 01.09.2013) and 13.06.2014 (w.e.f. 01.11.2013) till the date of actual deposit of the amount with the Appellate Authority.
5. As admitted by the parties that the principal amount of gratuity was released to the respondents during the pendency of the appeal before the appellate authority, therefore now, no direction is required in this regard.
6. In view of the above, the instant writ petitions stand
disposed of, and the impugned orders are modified accordingly.
7. All pending application(s), if any, stand disposed of.
(MANEESH SHARMA),J SOURAV /3-4