VISHNU VAKIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner a retired Upper Division Clerk from the Public Works department of the State of Madhya Pradesh, has filed this petition seeking quashment of Revenue Recovery Certificate (for short 'rrc') dated 27-9-2001 (Annexure P-l) issued against him by 4th respondent Tehsildar, Burhanpur for the recovery of Rs. 65,580/ -.

(2.) BRIEFLY stated, on attaining the age of superannuation on 30-9-91, the petitioner was retired from the Public Works Department. The Executive engineer deducted a sum of Rs. 68,575. 20 paise from the petitioner's GPF account. Feeling aggrieved the petitioner had filed O. A. No. 684/93 before the madhya Pradesh State Administrative Tribunal Bench at Indore (for short "the tribunal" ). The said O. A. was allowed by the Tribunal vide dated 8-4-94 and the recovery was set aside observing further that allowing of the O. A. and setting aside the order of recovery will not be a bar for the recovery according to the law and procedure.

(3.) THEREAFTER, Tehsildar, Burhanpur issued the aforesaid RRC (Annexure P-l ). Aggrieved, the petitioner approached to the Tribunal in OA no. 1286/01. On abolition of the Tribunal, the O. A. was transferred to this Court and was renumbered as W. P. No. 9148/03. The said W. P. No. 9148/03 was dismissed as withdrawn vide order dated 16-2-2006 passed by this Court with a liberty to the petitioner to file a fresh petition making appropriate pleadings to challenge the Rule. According to the said liberty, the present petition has been filed.