Kailas Amarsing Borse vs The State Of Maharashtra And ...
2021 Latest Caselaw 1856 Bom

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                  962 WRIT PETITION NO.1650 OF 2021

                      BANSI RATAN SONWANE
                             VERSUS
              THE STATE OF MAHARASHTRA AND OTEHRS

                                WITH
                    WRIT PETITION NO. 1651 OF 2021

                   SARALA W/O KAILASH BHASKAR
                             VERSUS
              THE STATE OF MAHARASHTRA AND OTHERS


                                 WITH
                     WRIT PETITION NO.1652 OF 2021

                    BHAVSING S/O LALSING PATIL
                             VERSUS
              THE STATE OF MAHARASHTRA AND OTHERS


                                 WITH
                    WRIT PETITION NO. 1653 OF 2021

                     MOHAN S/O WAMAN PATIL
                             VERSUS
              THE STATE OF MAHARASHTRA AND OTHERS



                                WITH
                    WRIT PETITION NO. 1654 OF 2021

                     GOPAL S/O NINAJI INGALE
                             VERSUS
              THE STATE OF MAHARASHTRA AND OTHERS

                                WITH
                    WRIT PETITION NO. 1655 OF 2021

                     ISHWAR S/O BAJIRAO PATIL
                             VERSUS
              THE STATE OF MAHARASHTRA AND OTHERS




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                                      WITH
                          WRIT PETITION NO. 7221 OF 2020

                         AKHTARSHA DAGASHA FAKIR
                                  VERSUS
                   THE STATE OF MAHARASHTRA AND OTHERS

                                      WITH
                          WRIT PETITION NO. 6031 OF 2020

                        KAILASH S/O AMARSING BORSE
                                  VERSUS
                   THE STATE OF MAHARASHTRA AND OTHERS
                                     ...

           Advocate for the Petitioners : Shri Prafullasing H. Patil
           AGP for the Respondents- State : Mrs.V. S. Chaudhari
                                      ...

                               CORAM :    S. V. GANGAPURWALA &
                                          SHRIKANT D. KULKARNI, JJ.

                               DATE :     28th JANUARY, 2021
                                    ...
ORAL ORDER :

1. We have heard learned Advocate for the petitioners and

learned A.G.P.

2. The objection of the learned A.G.P. of alternate remedy was

considered by this Court while delivering the judgment in Writ

Petition No.2344 of 2019 dated 19.3.2019.

3 962.odt

3. On merits, it is accepted by the learned Counsel for the

petitioners and learned A.G.P. that the petitioners stand on the

same premise as the petitioners in Writ Petition No. 2344 of 2019

and Writ Petition no.10752 of 2019 with connected Writ Petitions.

4. In the light of that and for the reasons recorded in the

judgment in Writ Petition No. 2344 of 2019 and Writ Petition

No.2345 of 2019 dated 19.3.2019, we follow the same course.

5. In the light referred to above, the Division Bench of this Court

had allowed the Writ Petitions and directed to refund the amount

along with the interest at the rate of 10% per annum. The Division

Bench of this Court in the said writ petitions passed the following

order :

"In that view of the matter, all these writ petitions stand allowed. The excess amount, which is deducted from the amount of retirement dues payable to the petitioners in the form of gratuity, be refunded to the respective petitioners along with interest @ 10% a.m. from the date the amount was recovered. The said refund be made within a period of six months."

6. In the light of above, the present Writ Petitions are also

disposed of in terms of the order passed in Writ Petition Nos. 2344

4 962.odt

and 2345 of 2019 dated 19.3.2019.

7. The respondents shall refund to the respective petitioners the

excess amount deducted from the amount of gratuity/salary along

with interest at the rate of 10% per annum from the date the

amount was recovered. The payment shall be made within a period

of six months.

8. These Writ Petitions are, accordingly, disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.)

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