BHAWANI SINGH Vs. STATE AND ORS.

JUDGEMENT

(1.) INSTANT writ petition has been filed by the petitioner against the order of recovery of amount of Rs. 12,597/ - which is said to be deposited by the petitioner under protest vide challan No. 54 dated 01.08.2000 (Annex. 7).

(2.) LEARNED counsel for the petitioner submits that for other employees, the respondents allowed the benefit of waiver for recoverable amount, therefore, the recovered amount which is said to be paid to the petitioner may ordered to be refunded.

(3.) LEARNED counsel appearing on behalf of respondents vehemently opposed the prayer and submits that the amount which is wrongly paid to the petitioner can be recovered by the employer because there is no right created in favour of petitioner. It is also submitted that petitioner has already deposited the said amount, therefore, there is no question to refund the said amount.