Bombay High Court
Jysing Orama Pawara And Others vs The State Of Maharashtra And ... on 23 February, 2022
Bench: S.V. Gangapurwala, S. G. Dige
1
2692.22WP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
972 WRIT PETITION NO.2692 OF 2022
JYSING ORAMA PAWARA & OTHERS
VERSUS
THE STATE OF MAHARASHTRA & OTHERS
...
Advocate for the petitioners : Mr.Balaji S.Shinde
AGP for Respondent-State : Mr.S.P.Tiwari
...
CORAM : S.V.GANGAPURWALA &
S.G.DIGE, JJ.
DATE : 23.02.2022
P.C. :
1] We have heard Mr.Shinde, the learned counsel
for the petitioners and the learned A.G.P. for
respondent/State.
2] The petitioners are challenging the impugned
communication, whereby one step benefit granted to the
petitioners is withdrawn.
3] It is not disputed that the petitioners are
similarly situated persons as petitioners in Writ Petition
Stamp No.9543 of 2021 with other connected writ petitions
decided by this Court under order dated 14 th July, 2021 at
it's Principal Seat at Bombay.
2692.22WP
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 Stamp 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withdrawn forthwith.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 Respondent No.4 - Divisional Joint Director of
Agriculture, Nashik Division, Nashik on 11.03.2022 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 respondent no.4. The Respondent
No.4 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 6 th August, 2002 in
right perspective and after taking into consideration the
judgments of various Courts referred to and relied upon by
the petitioners in the writ petition. The petitioners would be
at liberty to file written arguments along with
representation before the Respondent no.4 within two
weeks from today.
6] The respondent no.4 shall decide the
representation of the petitioners within six weeks from the
2692.22WP
date of first hearing. The order that would be passed by the
Respondent no.4 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 respondent no.4 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 respondent no.4 - Divisional Joint Director
of Agriculture, Nashik Division, 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 petition is disposed of in the aforesaid
terms. No costs.
[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.]
DDC
