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Allahabad High Court · body

2015 DIGILAW 3849 (ALL)

Manphuley v. State of U. P.

2015-12-07

ASHWANI KUMAR MISHRA

body2015
JUDGMENT Ashwani Kumar Mishra, J. Petitioner is essentially aggrieved by the demand of respondents on two counts: - (i) Petitioner has been held responsible for not raising demand of interest upon belated deposit of Mandi dues; and (ii) For realizing the amount of electricity dues, consumed by the petitioner, while residing in the official accommodation. 2. So far as the deposit of electricity dues raised from the petitioner is concerned, learned counsel for the petitioner fairly states that petitioner is ready to deposit the same. However, for the other head, learned counsel submits that it is always open for the Mandi Authorities to proceed against the persons responsible to deposit the interest, and for such reasons, no recovery can be made from the petitioner. It is also stated that in view of the law laid down by the Hon'ble Supreme Court in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) reported in 2015 AIR (SC) 696 , such dues cannot be realized from the petitioner, specifically when the petitioner has already retired in the year 2014. 3. Learned counsel for the respondents fairly states that claim of petitioner shall be examined, strictly in accordance with law. 4. Considering the above, the writ petition stands disposed of with the observation that in case petitioner undertakes to pay the electricity dues, in respect of the electrical energy consumed by him, during the course of his stay in the official quarter, the respondents shall examine the claim of petitioner in respect of other amount, which is sought to be appropriated from the retiral dues of the petitioner, keeping in view the principles laid down by the Hon'ble Supreme Court in the judgment of State of Punjab and others Vs. Rafiq Masih (White Washer)(supra). It shall be the concern of the respondents to forthwith examine such issues and take a decision regarding release of the retiral dues of the petitioner, in accordance with law, within a period of six weeks from the date of presentation of a certified copy of this order. The respondents shall also pass specific order with regard to payment of interest upon the delayed release of retiral dues, in terms of the applicable government orders. All consequential action shall be taken, without any further loss of time.