Vijay Kumar Kaul vs Managing Director, HP State Forest Development Corporation And Others

Sureshwar Thakur, J

Through the impugned order of recovery, efforts are made by the respondents, to recover some borrowed amounts, from the writ petitioner. The

afore recovery(s) are endeavored to be made, from the pecuniary amounts, hence defray-able towards gratuity, and, also towards leave encashments,

to, the writ petitioner.

It is under well settled, through a verdict, made by the Hon’ble Apex Court, in Special leave to appeal (c) No(s). 11025/2020 titled as M/s Steel

Authority of India Ltd. Versus Raghbendra Singh and others, that, the afore endeavor strictly qua valid unliquidated governmental dues, rather enjoys

an aura, of, validation. Consequently, if the afore endevour falls within domain thereof(s), thereupon it does acquire, an, aura of validation.

Be that as it may, it is clarified that borrowings, if any, made by the writ petitioner, from financial institution(s) concerned, and, theirs working

towards his therethrough, creating movable and immovable assets, when may otherwise become covered, by apposite mortgage deeds, and,

hypothetication deeds, executed inter-se the writ petitioner, and, the financial institution concerned, and, are realisable therefrom, (a) thereupon

recovery(s), if any, qua therewith, if are endeavored to made, may not be made (b) as, thereupon the petitioner may dehors his liquidating the afore

borrowings through monthly apposite remittances, rather become defacilitated to from the fullest releasing to him, of post retiral benefits, hence

promptly make the apposite liquidations to the financial institution(s) concerned. Nonetheless, the writ petitioner, shall file an affidavit, before the

employer concerned, that he shall promptly ensure his liquidating all the installments of the apposite amortized borrowings, for, his therethrough(s)

creating hence immovable and movable assets. It is further clarified that in case the writ petitioner, within two months, liquidates the afore borrowings,

thereupon the financial institution(s) concerned, shall ensure de-hypothetication, of, the vehicle concerned, and of redemption(s), of, the mortgage(s) of

immovable assets’ concerned.

In view of the above, the present petition stands disposed of alongwith all pending applications.