LAWS(MPH)-2011-1-22

STATE OF M P Vs. N C JAIN

Decided On January 07, 2011
STATE OF MADHYA PRADESH Appellant
V/S
N. C. JAIN Respondents

JUDGEMENT

(1.) Shri Aditya Adhikari, learned counsel for the appellants.

(2.) This intra-Court appeal arises from the order of the learned Single Judge dated 30-7-2010 passed in W. P. No. 25973/2003 whereby the learned Single Judge allowed the writ petition preferred by the petitioner-respondent and directed the respondent-appellants to refund the sum of Rs. 23,737/- recovered from him against interest.

(3.) It appears that the sole respondent filed the aforesaid writ petition for issuance of a direction commanding the appellants to refund amount of Rs. 23,737/- alleged to have been illegally recovered towards interest from his gratuity; further to pay interest at the rate of 18% per annum from the date of illegal recovery to the date of refund and further to pay interest at the rate of 12% per annum on delayed gratuity amounting Rs. 3,44,471/- for the period of 116 days which amounts to Rs. 10,644/-.