Kunal S/O Sewak Saosakade vs The Scheduled Tribe Caste ...
2017 Latest Caselaw 9638 Bom

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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  NAGPUR BENCH, NAGPUR

                                Writ Petition No.5146 of 2015 
             (Zakiya Parvin Shaikh Idu .vs. Ahbab Education Society, Yavatmal and Ors.)

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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                       Court's or Judge's Orders
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                                                  Mr.P.S.Raut, Advocate for the petitioner.
                                                  Mr.M.R.Joharapurkar, Advocate for Respondent Nos. 1 and  
                                                  2.
                                                  Mr.D.P.Thakare, A.P.P. for Respondent Nos.3 and 4.
                                                  Mr.D.A.Sonwane, Advocate for the Intervenor.


                                                  CORAM :   R. K. DESHPANDE  &
                                                                        M. G. GIRATKAR, JJ. 

                                                  DATE             :   19.12.2017.


                                                  Heard.

As per the order dt.10.11.2017 passed by this Court, it is brought to our notice that respondent nos. 1 and 2 have forwarded the proposal to the Education Officer for release of post retiral benefits of the petitioner. Mr.D.P.Thakare, learned A.G.P. appearing for the Education Officer submitted that the papers are forwarded to the Treasury Office on 16.12.2017. He submits that, within fifteen days from today, the petitioner will get the amount.

It is brought to our notice that, while submitting the proposal by respondent nos. 1 and 2 to the Education Officer, a Certificate is shown to have been issued by the Head Master of the School on 15.11.2017 stating that there are dues outstanding of Yavatmal Zilla Shaleya Karmachari Sahakari Pat Sanstha Maryadit, Yavatmal and Yavatmal District Central Co-operative Bank Ltd., Yavatmal, which

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are to be recovered from the petitioner.

We direct that the said amount shall not be recovered from the retiral benefits payable to the petitioner and the concerned Authorities, who have advanced loan to the petitioner, shall be at liberty to institute proceedings for recovery of the said amount against the petitioner.

It is apparent that the dues outstanding against the petitioner are not the Government dues, but the dues are of the Co-operative banks and Pat Sanstha, which are purely private institutions. The proposal submitted to the Treasury Officer shall not be rejected or returned on any such ground. If the amount payable to the petitioner is not released within a period of fifteen days from today, the Treasury Officer and the Education Officer shall have to bear the costs of Rs.5,000/- each.

Put up after Christmas Vacation.

In view of above, Mr.D.A.Sonwane, learned Counsel for the Intervenor seeks permission to withdraw the application for intervention bearing Civil Application no.2810 of 2017. Permission is granted with liberty to file the proceedings for recovery of such amount against the petitioner.

Steno copy of this order is granted.

                                                        JUDGE                            JUDGE



                         *jaiswal