Bombay High Court
Sachin Ramsing Rajput And Others vs The State Of Maharashtra And ... on 27 January, 2022
Bench: S.V. Gangapurwala, S. G. Dige
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
945 WRIT PETITION NO.1313 OF 2022
SACHIN RAMSING RAJPUT AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr.B.S. Shinde, advocate for the petitioners.
Mr.A.S. Shinde, A.G.P. for respondent/State.
...
CORAM : S.V. GANGAPURWALA
AND
S.G. DIGE, JJ.
DATE : 27th JANUARY, 2022
PER COURT :-
. 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granted to the petitioners is withdrawn.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 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
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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accordingly withdrawn forthwith.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 14.02.2022 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 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 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
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weeks from the 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.)
SGA
