Bombay High Court
Ajinath Narayan Labade And Others vs The State Of Maharashtra Through ... on 7 March, 2022
Bench: R.D. Dhanuka, S. G. Mehare
1 8- W. P. No. 14702-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
8 WRIT PETITION NO.14702 OF 2021
1. Ajinath S/o Narayan Labade
Age : 61 Years, Occ. Pensioner,
R/o. Bhatodi, Tq and District
Ahmednagar.
2. Prabhakar S/o Narayanrao Durgude,
Age : 63 Years, Occ. Pensioner,
R/o. Rushi Prasad, Mahalaxmi Colony,
Tq. Sangmner, Dist. Ahmednagar.
3. Anil S/o Rabhaji Auti,
Age : 59 Years, Occ. Pensioner,
R/o. Ayodhya Colony, Balikashram
Road, Ahmednagar,
4. Ashok S/o Vitthal Fasale
Age : 61 Years, Occ. Pensioner,
R/o. Navnath Nagar, Rahata,
Tq. Rahata Dist. Ahmednagar
5. Babasaheb S/o Ramrao Gadekar,
Age : 59 Years, Occ. Pensioner,
R/o. Navnath Nagar, Rahata,
Tq. Rahata, Dist. Ahmednagar
6. Prakash S/o Sahadeo Waghmare,
Age : 55 Years, Occ. Pensioner,
R/o. Gahukhel, Post Welturi,
Taluka Ashti, Dist. Beed. ..PETITIONERS
VERSUS
1. The State of Maharashtra,
Through its Secretary,
Home Department, Mantralaya,
Mumbai- 32.
2. The Director General of Police,
Maharashtra State Police
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Directorate, Mumbai.
3. The Special Inspector General
of Police Nashik Range, Nashik.
4. The Superintendent of Police,
Ahmednagar.
5. Principle Accountant General
( A & E), Maharashtra
Mumbai-20. ..RESPONDENTS
....
Advocate for the Petitioners : Mr. K. D. Pote h/f
Mr. A.G. Ambetkar
A.G.P for Respondent-State : Mr. P.K. Lokhotiya
....
CORAM : R. D. DHANUKA &
S.G. MEHARE JJ.
DATE : 07.03.2022.
ORAL JUDGMENT (PER R.D. DHANUKA J) :-
Rule. Respondents waives service of notice.
2. Rule is made returnable forthwith.
3. By this petition filed under Article 226 of the
Constitution of India, petitioner seeks a writ of Mandamus
directing the respondents to refund the amount which is
deducted from the retirement benefit receivable by the
petitioners as per list annexed to Exhibit 'A' to the petition
along with 10% interest thereon.
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4. The petitioners admittedly worked in Group 'C' category
and no undertaking was taken from them to the efect that, in
the event of excess payment made to them, they would refund
the excess amount if any. The respondents however efected
recovery from the retirement dues of the petitioners.
5. Learned counsel for the petitioners invited our attention to
the Judgment dated 4th October 2022 delivered by the Division
Bench of this Court in case of Hari S/o Mohan Pathe and Others
Versus The State of Maharashtra and another in Writ Petition
No. 11036 of 2021 and submits that after adverting to the
Judgment of the Hon'ble Supreme Court in case of State of
Punjab and others etc Vs. State of Punjab and others 2014
DGLS(SC) 1064, this Court had in identical fact has quashed and
set aside the action of recovery of excess payment from the
retiremental benefits of the petitioner therein.
6. We have perused the said Judgment and also other
Judgments annexed to the Writ Petition.
6. The learned A.G.P is not able to distinguish the said
Judgments. In our view the said Judgment applyto the facts of
the case. We are respectfully bound by the said Judgment.
Accordingly we pass the following order
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ORDER
(i) Writ Petition is made absolute in terms of prayer clause
'B'.
(ii) Respondents to refund the amount which is deducted and
shall release in favour of petitioners within two weeks from
today. Interest that would be calculated by the respondents
should be up to the date of payment.
(iii) Rule is made absolute.
(iv) No order as to costs.
Parties to act upon the authenticated copy of this order.
(S.G. MEHARE J.) ( R.D. DHANUKA J. )
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