Allowed

Mrs. Afsar Jahan Begum, v. Union of India

Telangana HC24 Jan 2014WP/26928/2001

Case brief

AI extract

What is this about?

The Single Judge allowed the writ petition quashing a CAT order of 21.11.2001 and directed authorities to refund Rs.42,000 to the petitioner in view of a similar decision by a division bench of this Court in W.P.No.10013 of 1999. The refund will be made without interest.

What did the court decide?

All authorities to pay back Rs.42,000 to the petitioner if recovered from him at retirement, without any interest; pending miscellaneous applications to stand closed.

Mrs. Afsar Jahan Begum, Vs Union of India — Pension and Retirement Benefits | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE R. SUBHASH REDDY AND

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THE HON’BLE SRI JUSTICE A.SHANKAR NARAYANA WRIT PETITION No.26928 of 2001

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ORDER:

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(Per Hon’ble Sri RSR, J.)

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1 This Writ Petition is filed with the following prayer:

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“For the reasons stated in the accompanying affidavit, the petitioner, therefore, prays that this Hon’ble Court may be pleased to issue any writ, order or direction particularly one in the nature of CERTIORARI calling for the records leading up to and including Order, dated 21.11.2001 in O.A.No.1825 of 2000 from CAT, Hyderabad and by quashing the same direct the respondents to pay sum of Rs.42,000/- together with interest till the date of payment as prayed for and pass such other relief or reliefs as this Hon’ble Court may deem fit just and proper in the circumstances of the case.”

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2 When the matter is taken up for hearing, learned counsel for the petitioner submitted that the subject matter of the Writ Petition is covered to be allowed in view of the order, dated 13.06.2009 passed by a division bench of this Court in W.P.No.10013 of 1999.

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3 From a perusal of the order passed by this Court in the aforesaid Writ Petition, a copy of which is placed on record, it is clear that when a similar question fell for consideration, this Court while setting aside the order passed by the Tribunal, allowed the Writ Petition and directed the authorities not to recover any amount from the petitioners therein, which was paid to them.

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4 In view of the findings given in the order passed by

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this Court in the aforesaid Writ Petition and for the reasons recorded therein, this Writ Petition is also allowed. No order as to costs. However, it is made clear that if any amounts, were recovered from the husband of the petitioner at the time of his retirement, the same shall be paid back to the petitioner, without any interest. As a sequel, pending miscellaneous applications, if any, shall stand closed.

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_______________________ R. SUBHASH REDDY, J. ___________________________ A. SHANKAR NARAYANA, J.

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Date: 24.01.2014 Kvsn*

Mrs. Afsar Jahan Begum, v. Union of India

Case brief

What is this about?

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Mrs. Afsar Jahan Begum, v. Union of India

Case brief

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