Smt. Asha Wd/O Balkrushna Patle vs State Of Maharashtra, Thr. ...
2021 Latest Caselaw 9077 Bom

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                                                                            wp242.2020.odt

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

                               WRIT PETITION NO.242/2020

 Smt. Asha Wd/o Balkrushna Patle,
 aged about 50 Yrs., Occ. Service,
 R/o Mohadi (Mundipar),
 Tah. Goregaon, Dist. Gondia.                                                  ..Petitioner.

          ..Vs..

 1.       State of Maharashtra,
          through its Secretary, General
          Administrative Department,
          Mantralaya, Mumbai - 400 032.

 2.       Zilla Parishad, Gondia,
          through its Chief Executive Officer,
          Gondia, Tah. and Dist. Gondia.

 3.       The Education Officer (Primary),
          Zilla Parishad, Gondia, Tah. and
          Dist. Gondia.

 4.       Deputy Chief Accounts and Finance
          Officer, Zilla Parishad, Gondia, Tah.
          and Dist. Gondia.                                                   ..Respondent.
 ------------------------------------------------------------------------------------------------
 Shri I.N. Choudhari, Advocate for the petitioner.
 Shri A.A. Madiwale, A.G.P. for respondent No.1.
 Shri A.Y. Kapgate, Advocate for respondent Nos.2,3 and 4.
 ------------------------------------------------------------------------------------------------
                           CORAM :- SUNIL B. SHUKRE AND
                                            ANIL S. KILOR, JJ.

DATED :- 12.7.2021.

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

Hearing is conducted through Video Conferencing and all the

learned Advocates agreed that the audio and visual quality was proper.

wp242.2020.odt

2. Heard.

3. Rule. Rule made returnable forthwith. Heard finally by

consent.

4. The issue involved in this case is squarely covered by the

judgment given in the case of State of Punjab and others V/s. Rafiq

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

the view taken by us in Writ Petition No.7054/2019 (Smt. Yogeshwari

Wd/o Chatrugan Choudhari V/s. State of Maharashtra and others)

decided today i.e. 12.7.2021 and, therefore, we allow this petition in

terms of prayer clauses (i) and (ii) with direction to the respondents

to refund the amount of ₹ 1,27,368/- (₹ One Lac Twenty Seven 1,27,368/- (₹ 1,27,368/- (₹ One Lac Twenty Seven One Lac Twenty Seven

Thousand Three Hundred Sixty Eight Only) recovered from the

gratuity payable to the petitioner in 12 equal monthly instalments

starting from August 2021 along with interest at the rate of 6% per

annum to be calculated for the period between the date of the

recovery and date of order in this case. Rule accordingly. No costs.

                               JUDGE                                                                              JUDGE



 Tambaskar.