Tejram S/O Khemlal Pardhi vs State Of Maharashtra,Thr. Its ...
2022 Latest Caselaw 5475 Bom

WP 599-21                                       1                       Judgment

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      NAGPUR BENCH, NAGPUR.
                    WRIT PETITION NO. 599/2021

Tejram s/o Khamlal Pardhi,
Aged about 60 years, Occ.: Retd.,
R/o Gomatola, Tah. Tirora, District - Gondia.                     PETITIONER

                                 .....VERSUS.....

1.    State of Maharashtra, through its Secretary
      General Administrative Department,
      Mantralaya, Mumbai - 400 032.
2.    Zilla Parishad, Gondia,
      Through its Chief Executive Officer,
      Gondia, Tah. and District Gondia.
3.    The Education Officer (Primary),
      Zilla Parishad, Gondia, Tah. and District Gondia.
4.    Deputy Chief Accounts and Finance Officer,
      Zilla Parishad, Gondia, Tah. and District Gondia.         RESPONDENT S


               Shri I.N. Choudhari, counsel for the petitioner.
     Ms N.P. Mehta, Assistant Government Pleader for the respondent no.1.
         Ms Meghana Munshi, counsel for the respondent nos.2 and 3.



CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE : 16TH JUNE, 2022.

ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)

RULE. Rule made returnable forthwith and heard the learned

counsel for the parties.

2. The petitioner was serving as Assistant Teacher with Zilla

Parishad, Bhandara and superannuated on 31.12.2018. After WP 599-21 2 Judgment

superannuation, the Zilla Parishad through its Deputy Finance Officer has

sought to recover the excess payment of Rs.1,42,396/- by the order dated

14.05.2019. Since it is the case of the petitioner that such excess

payment was not liable to be recovered post retirement, he made a

representation to the Chief Officer on 27.02.2020. That representation

not having been decided, the petitioner has filed the present writ petition

challenging the recovery as directed on 14.05.2019. The learned counsel

for the petitioner seeks to rely upon the decision in Writ Petition No.2442

of 2021 [Shyamrao Dasram Channe Versus State of Maharashtra &

Others] decided on 15.03.2022 and submits that the petitioner is

similarly situated as those petitioners.

3. Considering the fact that the petitioner's representation dated

27.02.2020 is pending with the Chief Executive Officer, the writ petition

is disposed of by directing the Chief Executive Officer to take a decision

on the aforesaid representation within a period of six weeks from the

receipt of copy of this order. While doing so, the judgment in Writ

Petition No.2442 of 2021 shall be taken into consideration. While

deciding the representation, the petitioner shall be granted an

opportunity of hearing. Such decision shall be communicated to the

petitioner.

WP 599-21 3 Judgment

4. Rule is made absolute in aforesaid terms. No costs.

(URMILA JOSHI-PHALKE, J.) (A.S. CHANDURKAR, J.)

APTE

Signed By: Digitally signed byROHIT DATTATRAYA APTE Signing Date:17.06.2022 10:38