Manohar S/O K. Jegatheesan vs The State Of Maha., Thr. Principal ...
2022 Latest Caselaw 11923 Bom

                              25-WP-7047-22.odt                                                      1



                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                                        NAGPUR BENCH : NAGPUR.
                                                                WRIT PETITION NO.7047 of 2022
                                                           Manoharan s/o K. Jagatheesan
                                                                           vs.
                                State of Maharashtra through its Principal Secretary, Higher ad Technical Education and
                                                   Employment Department, Mumbai and others.
                              ------------------------------------------------------------------------------------------------
                              Office Notes, Office Memoranda of                                                 Court's or Judge's Order
                              Coram, appearances, Court's Orders
                               or directions and Registrar's order
                              ------------------------------------------------------------------------------------------------------------------------------
                                            Shri Narendra D. Thombre Advocate for petitioner.
                                            Shri Amit Madiwalde, Assistant Government Pleader for respondents.

                                            CORAM :-              A.S.CHANDURKAR AND ANIL L.PANSARE, JJ.

DATE :- NOVEMBER 21, 2022

The petitioner is aggrieved by the communication dated 26.12.2018 which seeks to recover an amount of Rs.1,38,706/- on the ground that there has been excess payment made to the petitioner for the period from April 1995 to July 2004. The Maharashtra Administrative Tribunal has dismissed the Original Application preferred by the petitioner in view of an undertaking given by the petitioner dated 27.12.2018 which according to the petitioner was submitted after his voluntary retirement. By relying upon the judgment of the Division Bench in Writ Petition No.3128 of 2018 (Smt. Nilam Shripad Naik Vs. The Registrar General, High Court, Appellate Side, Mumbai and other) decided at the Principal Seat on 08.03.2019, it is submitted that such undertaking given after voluntary retirement was not liable to be relied upon for refusing the relief to the petitioner.

Issue notice to the respondents, returnable in four weeks. Shri A. M. Deshpande, In-charge Government Pleader waives service of notice for the respondents.

(ANIL L. PANSARE, J.) (A. S. CHANDURKAR, J.) Digitally Signed byJAYANT S ANDURKAR Personal Assistant Signing Date:

Andurkar..

21.11.2022 18:32