Machindra Haribhau Warpe And ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 1009 Bom

                                                                930-wp-618-21
                                       1


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                          WRIT PETITION NO. 618 OF 2021

 Machindra S/o Haribhau Warpe
 and others                                    ... Petitioners.

          Versus

 The State of Maharashtra
 and others                                    ... Respondents.
                                       ....
 Mr. A.S. Gandhi, Advocate for the Petitioners.
 Mr. S.K. Tambe, A.G.P. for all Respondents.
                                       ....
                               CORAM : S.V. GANGAPURWALA AND
                                       SHRIKANT D. KULKARNI, JJ.

DATE : 15th JANUARY, 2021

PER COURT:-

1. Learned AGP accepts notice for all Respondents.

2. We have heard Mr. Gandhi, learned counsel for the petitioner

and the learned AGP.

3. Mr. Gandhi, submits that the petitioners are similarly situated

as the petitioners in Writ Petition No. 614 of 2020, decided under the

order dated 13.01.2020.

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4. For the reasons stated in the order dated 13.01.2020, we follow

the same course and pass the following order.

5. The petitioners were working on Class-III posts on the date of

retirement. It would cause hardship to the petitioners if the said

amount is recovered. All the parameters detailed in the judgment of

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

Masih (White Washer), etc. reported in 2015 (4) SCC 334 are

attracted in the present matter.

7. In the light of the above, the impugned order of recovery is

quashed and set aside. In case the respondents have recovered the

amount from the petitioners, the same shall be refunded to the

petitioners expeditiously and preferably within four months.

8. The Writ petition is accordingly disposed of. No costs.

 ( SHRIKANT D. KULKARNI )                      ( S.V. GANGAPURWALA )
         JUDGE                                          JUDGE


 S.P. Rane




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