PARAGBHAI POPATBHAI LOLADIYA Vs. ARUNKUMAR SOLANKI

JUDGEMENT

(1.) When the matter is called out, learned AGP, at the outset, has submitted that the applicant is already paid an amount of Rs.74,410.00 and accordingly signature is also obtained on the receipt on 3/7/2023. Further, he has submitted that the applicant has already given an undertaking with regard to recovery of any amount. Photocopy of the cheque as well as receipt and undertaking is ordered to be taken on record. The order dtd. 7/6/2023 passed by the respondent authorities granting the benefits is also ordered to be taken on record.

(2.) At this stage, learned advocate Mr.Mishra has submitted that in fact the applicant is paid the benefits by calculating 240 days for 7 years however, as per the resolution dtd. 17/10/1988, he would be entitled to more amount instead of 7 years.

(3.) At this stage, it would be apposite to incorporate the observations made by the Apex Court in the case of V.Senthur Vs. M.Vijaykumar, 2021 Scale 11 566, wherein the Apex Court in paragraph No.14 has observed thus: