Ramesh Gopalrao Kakad And Others vs State Of Maharashtra, Thr. ...
2021 Latest Caselaw 10882 Bom

 Judgment                                 1                              wp576.21.odt




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


                           WRIT PETITION NO. 576 OF 2021


 1. Ramesh Gopalrao Kakad,
    Age 60 yrs., Occ. : Retired Teacher,
    R/o. Sudhir Colony, Akola,
    Tq. & Dist. Akola.

 2. Satish Pundlikrao Dodke,
    Age 61 yrs., Occ. : Retired Teacher,
    R/o. State Bank Colony,
    Dattatraya Apartment, Choti Umri,
    Akola, Tq. & Dist. Akola.

 3. Ramanlal Ratanlal Patel,
    Age 60 yrs., Occ. : Retired Teacher,
    R/o. Ugwa, Tq. & Dist. Akola.

 4. Smt. Varsha Wd/o.Sanjay Kiware,
    Aged about 46 yrs., Occ. : Household,
    R/o. Jatharpeth, Near Khodke Hospital,
    Kediya Plot, Akola, Tq. & Dist. Akola.

 5. Smt. Ujjwala Wd/o.Uddhavrao Kadu,
    Aged about 45 yrs., Occ. : Household,
    R/o. Daryapur Road, Shrikrushna Nagar,
    Akot, Tq. Akot, Dist. Akola.
                                                              .... PETITIONER.

                                   // VERSUS //

 1. State of Maharashtra,
    Through its Secretary,
    General Administration Department,
    Mantralaya, Mumbai.

 2. Zilla Parishad Akola,
    Through its Chief Executive Officer,
    Tq. & Dist. Akola.


::: Uploaded on - 11/08/2021                   ::: Downloaded on - 12/08/2021 06:57:58 :::
  Judgment                                2                              wp576.21.odt




 3. The Education Officer (Primary),
    Zilla Parishad, Akola,
    Tq. & Dist. Akola.

                                                          .... RESPONDENTS.

  ______________________________________________________________
 Shri Pravin S. Patil, Advocate for Petitioners.
 Shri A.A.Madiwale, A.G.P. for Respondent No.1.
 Shri Ujwal Deshpande, Advocate for Respondent No.3.
 ______________________________________________________________

                           CORAM :   SUNIL B. SHUKRE AND
                                     ANIL S. KILOR, JJ.

DATED : AUGUST 11, 2021

ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)

1. Heard.

2. RULE. Rule made returnable forthwith. Heard finally by

consent of the learned counsel for the parties.

3. This petition has been filed by the Assistant Teachers and

legal heirs of two deceased Assistant Teachers with the grievance that

after retirement or death of these teachers, recovery for alleged excess

payment of the amount on account of Computer Allowance was made.

The petitioner Nos.1, 2 and 3 have retired on reaching age of

superannuation on 30/06/2019, 31/05/2018 and 30/06/2019,

Judgment 3 wp576.21.odt

respectively, while the husbands of petitioner Nos. 4 and 5 died while

in service on 07/07/2018 and 06/07/2018, respectively.

4. The excess amount has been recovered from the gratuity

amount payable to these employees either after their retirement or on

death or just about 1 to 3 months prior to their retirement. Therefore,

such recovery would not be permissible in view of the law laid down by

the Apex Court in the case of State of Punjab and others..vs..Rafiq

Masih (White Washer) and others, reported in (2015)4 SCC 334.

5. In view of above, we pass the following order:

        i)         The petition is allowed.


        ii)        The impugned order is hereby quashed and set aside.

        iii)       The amount recovered from the gratuity payable to the

petitioners shall be refunded to the petitioners in twelve equal monthly installments, starting from September 2021.

Rule accordingly. No costs.

                   ( ANIL S. KILOR, J )           ( SUNIL B. SHUKRE, J.)


 RRaut..