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2025 Supreme(Raj) 2517

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Doongar Das, S/o. Late Shri Idanji – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of Education – Respondent


Advocates Appeared:
For the Appellants : Mr. Himashu Shrimali
For the Respondents: Mr. NK Mehta, Dy.G.C.

ORDER :

FARJAND ALI, J.

1. The writ petition has been filed on behalf of the petitioner seeking the following prayers:–

(i) the impugned recovery order dated 26.10.2018 (Annexure-7) passed by the respondent no. 2 may kindly be quashed and set-side.

(ii) and respondents may further be directed to release the entire post retiral benefits alongwith interest @ 18% per annum to the petitioner;

(iii) Any other order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner.

2. The controversy involved in the present case has already been meticulously dealt with by the Supreme Court vide judgment dated 18.12.2014, rendered in Civil Appeal No. 11527/2014 State of Punjab and Others Etc. Vs. Rafiq Masih (White Washer) Etc. For ready reference, the said judgment is reproduced hereinbelow:–

“1. Leave granted.

2. All the private respondents in the present bunch of cases, were given monetary benefits, which were in excess of their entitlement. These benefits flowed to them, consequent upon a mistake committed by the concerned competent authority, in determining the emoluments payable to them. The mistake c

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