Bombay High Court
Rupesh Jawaharlal Jain And Others vs The State Of Maharashtra And ... on 24 January, 2022
Bench: S.V. Gangapurwala, S. G. Dige
1 21-WP-1194-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
21 WRIT PETITION NO. 1194 OF 2022
RUPESH JAWAHARLAL JAIN AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioners : Mr. Ameya Sabnis h/f Mr. Estling S. Murge
Addl. GP for Respondent Nos. 1 to 5 : Mr. S.B. Yawalkar
Advocate for Respondent No. 6 : Ms. V. N. Patil - Jadhav
...
CORAM : S. V. GANGAPURWALA AND
S. G. DIGE, JJ.
DATE : 24th JANUARY, 2022
PER COURT :-
1. We have heard Mr. Sabnis, the learned counsel for the petitioners.
Ms. Patil, the learned counsel for respondent No. 6 - Zilla Parishad and
learned Additional Government Pleader for respondent Nos. 1 to 5.
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whereby one step benefit granted to the petitioners is withdrawn.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.
4. In the light of that, we follow the same course. For the reasons
recorded in the order dated 14th July, 2021 in Writ Petition Stamp
2 21-WP-1194-22.odt
No. 9543 of 2021 with other connected writ petitions, we pas the same
order.
5. The impugned action of recovery is accordingly withdrawn
forthwith. The petitioners have agreed to appear before the Executive
Officer, Zilla Parishad, Dhule 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, Dhule. The Chief Executive Officer, Zilla Parishad, Dhule 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 Government Resolution 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, Dhule within two weeks from today.
6. The Chief Executive Officer, Zilla Parishad, Dhule 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, Dhule shall be conveyed to the petitioners within two
3 21-WP-1194-22.odt
weeks from the date of passing such order. If the order that would be
passed by the Chief Executive Officer, Zilla Parishad, Dhule 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, Dhule 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 ) ( S.V. GANGAPURWALA )
JUDGE JUDGE
mtk
