Nikam Sunil Shantaram And Ors vs The State Of Maharashtra And Ors
2022 Latest Caselaw 7716 Bom

                                                        10.9257.22-wp.docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

                        WRIT PETITION NO. 9257 OF 2022

Nikam Sunil Shantaram & Ors.                             ..... Petitioners
      Vs.
State of Maharashtra & Ors.                              ..... Respondents

                        WRIT PETITION NO. 9264 OF 2022

Sandip Ramchandra Jadhav & Ors.                          ..... Petitioners
      Vs.
State of Maharashtra & Ors.                              ..... Respondents

                    WRIT PETITION (ST) NO. 19121 OF 2022

Sandip Shankar Khairnar & Ors.                           ..... Petitioners
      Vs.
State of Maharashtra & Ors.                              ..... Respondents

Mr. V. S. Todake for the Petitioners
Mr. N. C. Walimbe, AGP for the State
Mr. Vivek Rane I/b. Mr. Ashwin Kapadnis for Respondent Nos.6 & 7

                                      CORAM:    S.V.GANGAPURWALA &
                                                M.S.KARNIK, JJ.

DATED : AUGUST 5, 2022 P.C.

1 We have heard the learned counsel for the Petitioners and the

learned counsel for Respondents Nos. 6 and 7 Zilla Parishad and the

learned Assistant Government Pleader for Respondents/State in

respective Writ Petitions.

2. The Petitioners are challenging the impugned communication,

whereby one step benefit granted to the Petitioners is withdrawn.

Basavraj                                                                        1/3





                                               10.9257.22-wp.docx

3. It is not disputed that the Petitioners are similarly situated

persons as Petitioners in Writ Petition (ST) No. 9543 of 2021 with

other connected Writ Petitions decided by this Court under order

dated 14th July, 2021 at it's Principal Seat at Bombay.

4. In the light of that, we follow the same course. For the reasons

recorded in the order dated 14.07.2021 in Writ Petition (ST) No.

9543 of 2021 with other connected Writ Petitions, we pass the same

order.

5. The impugned action of recovery is accordingly withdrawn

forthwith. The Petitioners have agreed to appear before the Chief

Executive Officer, Zilla Parishad, Nashik on 25.08.2022 at 11.00 a.m.

It is thus made clear that the Petitioners would be allowed to appear

through an advocate or an authorized representative before the

Chief Executive Officer, Zilla Parishad, Nashik. The Chief Executive

Officer, Zilla Parishad, Nashik to pass a fresh order after hearing the

Petitioners through their respective advocates or authorized

representatives without being influenced by the order of recovering

the amount taken till date which is set aside by this order and shall

decide the matter in accordance with law by interpreting the said G.

R. dated 6th August, 2002 in right perspective and after taking into

consideration the judgments of various Courts referred to and relied

Basavraj 2/3

10.9257.22-wp.docx

upon by the Petitioners in these Writ Petitions. The Petitioners would

be at liberty to file written arguments along with representation

before the Chief Executive Officer, Zilla Parishad, Nashik within two

weeks from today.

6. The Chief Executive Officer, Zilla Parishad, Nashik shall decide

the representation of the Petitioners within six weeks from the date

of first hearing. The order that would be passed by the Chief

Executive Officer, Zilla Parishad, Nashik shall be conveyed to the

Petitioners within two weeks from the date of passing such order. If

the order that would be passed by the Chief Executive Officer, Zilla

Parishad, Nashik is adverse against the Petitioners, no coercive

steps would be taken against the Petitioners for a period of four

weeks from the date of communication of the order.

7. The Chief Executive Officer, Zilla Parishad, Nashik in the

meanwhile shall continue to pay salaries of the Petitioners (one step

pay scale) at the rate at which they were being paid prior to the date

of recovery of amount.

8. The Writ Petitions are disposed of in the aforesaid terms. No

costs.

(M.S.KARNIK,J.)                          (S.V. GANGAPURWALA, J.)


Basavraj                                                                 3/3