Smt. Pramila Wd/O Dhananjay ... vs State Of Maharashtra, Through Its ...
2021 Latest Caselaw 9080 Bom

                                                                                        1
                                                                           wp7057.2019.odt

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

                               WRIT PETITION NO.7057/2019

 Smt. Pramila Wd/o Dhananjay Kapgate,
 aged about 52 Yrs., Occ. Nil,
 R/o Navegaon Bandh,
 Tah. Sadak Arjuni, 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.

wp7057.2019.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 ₹ 5,20,485/- (₹ Five Lac Twenty Thousand 5,20,485/- (₹ 5,20,485/- (₹ Five Lac Twenty Thousand Five Lac Twenty Thousand

Four Hundred Eighty Five 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.