Dipak S/O Vitthal Jagtap And Ors vs The State Of Maharashtra Thr. ...
2021 Latest Caselaw 17734 Bom

                                                              44-wp9238-21.doc

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION


                       WRIT PETITION NO.9238 OF 2021


      Dipak V. Jagtap & Ors.                                 ...Petitioners
                V/s.
      The State of Maharashtra & Ors.                        ...Respondents


      Mr.Yogesh M. Patil for the Petitioners.

      Mr.N.C. Walimbe, AGP for the State - Respondent Nos.1 to 9.

                                CORAM : R.D. DHANUKA &
                                        R.N. LADDHA, JJ.

DATE : 21ST DECEMBER, 2021.

P.C. :-

1. The matter is on board and is mentioned out of turn in

view of the learned counsel for the petitioners being resident of

Aurangabad.

2. Mr.Walimbe, learned AGP waives service for the

respondent nos.1 to 9. Issue notice upon the respondent nos.10 and

11, returnable on 21st January, 2022. Hamdast is permitted. In

addition to the Court notice, the petitioner is permitted to serve the

respondent nos10 and 11 by private notice by all permissible modes

of services in accordance with law.

3. The issue as to whether recovery can be effected from

class-III and class-IV employees even if is is paid due to wrong

44-wp9238-21.doc

fixation or inadvertently, in our prima-facie view is no longer res-

integra in view of the judgment of the Hon'ble Supreme Court in

case of State of Punjab & Ors. vs.Rafiq Masih & Ors. reported in

2015 (4) SCC 334.

4. Affidavit in reply shall be filed by the respondent nos.1 to

9 within four weeks from today with a copy to be served upon the

petitioners' advocate simultaneously.

5. The respondent nos.10 and 11 are directed to file affidavit

in reply within three weeks from the date of service of papers and

proceedings with a copy to be served upon the petitioners' advocate

simultaneously. Rejoinder, if any, shall be filed within one week

thereafter with a copy to be served upon the respondents' advocate

simultaneously.

6. Till next date, there shall be ad-interim relief in terms of

prayer clauses (F), (H) and (I) .

7. Parties to act on the authenticated copy of this order.

(R.N. LADDHA, J.)                                (R.D. DHANUKA, J.)


                       Digitally signed by
     VASANT            VASANT ANANDRAO
     ANANDRAO          IDHOL
                       Date: 2021.12.23
     IDHOL             13:06:16 +0530