Mogilal Khandu Chaudhari And ... vs The State Of Maharashtra And ...
2022 Latest Caselaw 562 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                           WRIT PETITION NO. 297 OF 2022

 Mogilal Khandu Chaudhari
 and others                                                      .. Petitioners

          Versus

 The State of Maharashtra and others                             .. Respondents

 Mr. Balaji S. Shinde, Advocate for the Petitioners.
 Mr. A. R. Kale, AGP for Respondent Nos. 1 to 5.
 Mrs. Vaishali S. Chaudhari, Advocate for Respondent Nos. 6 to 8.

                                       AND
                           WRIT PETITION NO. 298 OF 2022

 Vidya Ramesh Baviskar
 and others                                                      .. Petitioners

          Versus

 The State of Maharashtra and others                             .. Respondents

 Mr. Balaji S. Shinde, Advocate for the Petitioners.
 Mr. A. R. Kale, AGP for Respondent Nos. 1 to 5.
 Mrs. Vaishali S. Chaudhari, Advocate for Respondent Nos. 6 to 8.

                                       AND
                           WRIT PETITION NO. 299 OF 2022

 Prakash Manilal Borse
 and others                                                      .. Petitioners
          Versus

 The State of Maharashtra and others                             .. Respondents

 Mr. Balaji S. Shinde, Advocate for the Petitioners.
 Mr. A. R. Kale, AGP for Respondent Nos. 1 to 5.
 Mrs. Vaishali S. Chaudhari, Advocate for Respondent Nos. 6 to 8.

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

DATED : 17th JANUARY, 2022.

PER COURT:-

. We have heard, Mr. Shinde, the learned counsel for petitioners,

Mrs. Choudhari, the learned counsel for the respondent Nos. 6 to

8/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whereby one step benefit granted to the petitioners is withdrawn.

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

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 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 Chief

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Executive Officer, Zilla Parishad, Nandurbar on 03.02.2022. 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, Nandurbar. The Chief Executive Officer, Zilla

Parishad, Nandurbar 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 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, Nandurbar within two weeks from

today.

6. The Chief Executive Officer, Zilla Parishad, Nandurbar 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, Nandurbar 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

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Parishad, Nandurbar 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, Nandurbar 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.

08. The writ petitions are disposed of in the aforesaid terms. No

costs.

 ( SHRIKANT D. KULKARNI )                       ( S. V. GANGAPURWALA )
         JUDGE                                            JUDGE




 P.S.B.




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