Kakaji Zolabaji Waghmare vs Zilla Parishad, Chandrapur Thr. ...
2022 Latest Caselaw 12197 Bom

1/2                                                                         21.wp.7303.2022.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH : NAGPUR

                          WRIT PETITION NO. 7303 OF 2022
                   (Kakaji Zolabaji Waghmare V/s Zilla Parishad, Chandrapur & Ors.)


Office   Notes,     Office                         Court's or Judge's orders
Memoranda of Coram,
Appearances,       court's
orders or directions and
Registrar's orders


                               Mr. A. R. Deshpande, Advocate for Petitioner.
                                               ------

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

              DATE             : NOVEMBER 25, 2022.

              .                Heard.

2. According to the Petitioner, being a District Awardee Teacher, he was entitled to additional increment as per Government Resolution dated 12/12/2000. The Petitioner is to retire from service on 31/12/2022 and by the impugned communication recovery of the alleged over-payment is being sought to be made.

3. Our attention is invited to the Ground 'D' of the Writ Petition to urge that the Petitioner is Class-III employee in the context of Judgment of the Hon'ble Apex Court in the case of State of Punjab and others V/s Rafiq Masih (White Washer) and Ors., (2015) 4 SCC 334.

2/2 21.wp.7303.2022.odt

4. Issue notice to the Respondents, returnable in four weeks.

5. In the meanwhile, no recovery should be effected pursuant to the impugned communication, until further orders.

6. To be heard along with Writ Petition No.3800/2022.

(ANIL L. PANSARE, J.) (A. S. CHANDURKAR, J.)

Yadav VG

Digitally Signed ByVIJAYA GOURISHANKAR YADAV Signing Date:25.11.2022 19:17