1. Heard learned advocates for the parties. With the consent of the parties, matter is taken up for final hearing today.
2. The petitioners of Special Civil Application No. 589 of 2012 have prayed to quash and set aside the order dated 09.06.2011 and 11.08.2011 passed by the respondent no. 1 and also the recovery certificate dated 17.10.2011 issued by the respondent no. 1 and also the notices dated 25.10.2011, 29.11.2011 as well as 03.01.2012 issued by the respondent no. 2.
2.1 The petitioner of Special Civil Application No. 1955 of 2012 have prayed to direct the respondent no. 1 to take steps forthwith for enforcing the recovery certificate dated 17.11.2010 issued by the Controlling Authority, Ahmedabad upon respondent no. 1.
3. As a result of hearing and perusal of records, this Court is of the opinion that in view of the fact that considerable time has passed after the orders passed by the competent authority and looking to the age of the employee it would be in the interest of justice if some formula is worked out between the parties and therefore with the consent of the parties, the following order is passed:
The principal amount of Rs. 83,025/- deposited in the Registry of this Court shall be paid to the petitioner of Special Civil Application No. 1955 of 2012 as full and final settlement between the parties.
It is clarified that payment of said amount shall not be treated as precedent by any authority before any proceedings.
No recovery whatsoever shall be made under this head since it is finally decided by this Court.
If the petitioner of Special Civil Application No. 589 of 2012 makes an application before the State Government for reimbursement of the aforesaid amount under the Grant, the same shall be considered in accordance with law since it was paid to an employee covered under grant.
It is also clarified that if any adverse order is passed by the Government it shall be open for the petitioner of Special Civil Application No. 589 of 2012 to challenge the same in accordance with law.
The principal amount of Rs. 83,025/- shall be paid to the petitioner of Special Civil Application No. 1955 of 2012 by way of Account Payee Cheque.
The balance amount shall be refunded to the petitioner of Special Civil Application No. 589 of 2012.
4. With the above observations, petitions stand disposed of.
(K.S.
JHAVERI, J.) Divya// Top