Bombay High Court
Surendra S/O. Chunnilal Pardhi ... vs The State Of Maharashtra, Thr. ... on 19 June, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 3769 OF 2021
1. Surendra Chunnilal Pardhi, a/a 60 yrs, Petitioners
Occup. Retired Teacher r/o Mama
Chowk, Gondia Tah. And Dist.Gondia.
2. Maroti Sitaram Nandgaye, a/a 60 yrs,
Occup. Retired Teacher, r/o Khaparde
Colony, Kudwa, Gondia, Tah. and Dist.
Gondia.
3. Ravi Bhaurao Bachakwar, a/a 60 yrs,
Occup. Retired Teacher, r/o Murri
Road, Gondia, Tah.and Dist.Gondia.
4. Gorelal Anantram Thakre, a/a 60 yrs,
Occup. Retired Teacher, r/o Bhagwat
Tola, Tirora Road, Gondia, Tah. And
Dist.Gondia.
5. Narendra Bhurkanji Katre, a/a 59 yrs,
Occup. Retired Teacher, r/o Shastri
Nagar, Gondia, Tah. And Dist. Gondia.
6. Dnyaneshwar Zanakram Pardhi, a/a
60 yrs, Occup. Retired Teacher, r/o
Sharda Nagar, Shivam Hostel, Ring
Road, Gondia, Tah.and Dist.Gondia.
7. Vivekdas Barkuji Raut, a/a 58 yrs,
Occup. Retired Teacher, r/o
Manoharbhai Ward No.4, Gondia, Tah.
And Dist.Gondia.
8. Ghanshyam Balchand Sonewane, a/a
60 yrs, Occup. Retired Teacher, r/o
New Laxmi Nagar, Kabrastan Road,
Gondia, Tah.and Dist.Gondia.
9. Gendilal Ramkuwar Agrawal, a/a 59
yrs, Occup. Retired Teacher, r/o
Sashtri Ward, Gondia Tah. And Dist.
Gondia.
10. Khumesh Gyaniram Turkar, a/a 59 yrs,
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Occup. Retired Teacher, r/o
Rapewada, Gondia, Tah. And
Dist.Gondia.
11. Jayant Bhaiyalal Tembhekar, a/a 59
yrs, Occup. Retired Teacher, r/o Post
Colony, Gondia, Tah and Dist.Gondia.
12. Chandraprabha Premlal Mekshram,
a/a 58 yrs, Occup. Retired Teacher, r/o
In front of Big Sai Mandir, Govindpur
Road, Gondia, Tah. And Dist.Gondia.
13. Shobha Shrikrishna Kathane, a/a 58
yrs, Occup. Retired Teacher, r/o Azad
Ward, Vasant Nagar, Gondia Tah. And
Dist.Gondia.
14. Koushalya Sukhanandan Turkar, a/a
59 yrs, Occup. Retired Teacher, r/o
New Laxmi Nagar Gondia Tah. And
Dist.Gondia.
15. Pramila Nokhram Ramtekkar, a/a 60
yrs, Occup. Retired Teacher, r/o Old
Gondia, Gondia Tah. And Dist.Gondia.
16. Alka Keshorao Chitriv, a/a 60 yrs,
Occup. Retired Teacher r/o Old
Gondia, Gondia Tah. And Dist.Gondia.
17. Sunil Chandrasingh Bais, a/a 59 yrs,
Occup. Retired Teacher, r/o Behind
Shakti Mandir, Suryatola Gondia Tah.
And Dist.Gondia.
18. Rekha Damodar Masurkar, a/a 60 yrs,
Occup. Retired Teacher, r/o
Fendarkar Ward, Mama Chowk,
Gondia, Tah. And Dist.Gondia.
19. Vijay Shyam Hasban, a/a 58 yrs,
Occup. Retired Teacher, r/o Tirora,
Tah.Tirora, Dist.Gondia.
20. Jugraj Shalikram Katre, a/a 59 yrs,
Occup. Retired Teacher, r/o
Navegaon, Post Dhapewada, Tah. And
Dist.Gondia.
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21. Rajni Budhulal Pancheshwar, a/a 59
yrs, Occup. Retired Teacher, r/o Zilla
Parisahd Colony, Behind New Bus
Stop, Gondia Tah. And Dist.Gondia.
22. Kunda Narendra Lanjewar, a/a 60 yrs,
Occup. Retired Teacher, r/o Ram
Nagar, Gondia Tah. And Dist.Gondia.
23. Radheshyam Rupchand Katre, a/a 59
yrs, Occup. Retired Teacher, r/o
Kurhadi, Tah. Goregaon, Dist.Gondia.
24. Devchand Shriram Bale, a/a 59 yrs,
Occup. Retired Teacher, r/o Vijay
Nagar, Katangi, Old Gondia Tah. And
Dist.Gondia.
25. Muneshwari Hetram Patle, a/a 59 yrs,
Occup. Retired Teacher, r/o Gajanan
Colony, Gondia Tah. And Dist.Gondia.
26. Udaykumar Chunnilal Turkar, a/a 59
yrs, Occup. Retired Teacher, r/o
Rajabhoj Colony, Gondia Tah. And
Dist.Gondia.
27. Tekchand Asaram Bisen, a/a 59 yrs,
Occup. Retired Teacher, r/o Angur
Bagicha Road, Indraprastha Colony,
Gondia, Tah. And Dist.Gondia.
28. Devki Devendra Choudhary, a/a 60
yrs, Occup. Retired Teacher, r/o
Lohiya Ward, Hanuman Nagar,
Gondia, Tah. And Dist.Gondia.
29. Shobha Patiram Meshram, a/a 60 yrs,
Occup. Retired Teacher, r/o Marartoli,
Gondia, Tah. And Dist.Gondia.
30. Rashika Deepak Verulkar, a/a 60 yrs,
Occup. Retired Headmaster, r/o Civil
Line, Gondia, Tah. And Dist.Gondia.
31. Bharti Rajesh Triloki, a/a 58 yrs,
Occup. Retired Teacher, r/o
Radhakrushan Colony, Chhota
Gondia, Tah. And Dist.Gondia.
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32. Mary Grace Noyel Nicholas, a/a 60
yrs, Occup. Retired Teacher, r/o Near
Shyam Traders, Martin Chaal,
Balaghat Road, Gondia, Tah. And
Dist.Gondia.
33. Ramdas Par Kuchand Harinkhede, a/a
60 yrs, Occup. Retired Teacher, r/o
Bijaitola, Post Dawniwada, Tah. And
Dist.Gondia.
-Versus-
1. The State of Maharashtra, through the Respondents
Chief Secretary, Rural Development
Department, Mantralaya, Mumbai.
2. The Zilla-Parishad, Gondia through
Chief Executive Officer, Gondia,
Tah.and Dist. Gondia.
3. The Education Officer (Primary), Zilla-
Parishad, Gondia,Tah.and Dist.Gondia.
4. The Panchayat Samittee, Gondia
Dist.Gondia, through its Block
Development Officer.
5. The Dy. Chief Accountant and Finance
Officer, Zilla Parisahd, Gondia, Tah.
and Dist.Gondia.
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Mr.V. R.Borkar, counsel for the petitioners.
Mr. S.A.Ashirgade, Addl.G.P for the respondent No.1.
Mr.Anoop Parihar, counsel for respondent Nos.2 and 3.
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CORAM:A.S.CHANDURKAR AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 19th JUNE, 2023
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ORAL J U D G M E N T (Per : A.S.CHANDURKAR, J.)
Heard.
2. Rule. Rule made returnable forthwith. Heard finally
by consent of the learned counsel appearing for the parties.
3. Each petitioner was in employment with Zilla Parishad,
Gondia on the post of Assistant Teacher. After reaching the age of
superannuation, the petitioners became entitled to receive
pensionary benefits as well as gratuity. The respondent No.5
proposed recovery from the retiral benefits of each petitioner on
the ground that during the course of service, they had not
submitted the certificate in Computer knowledge. Being aggrieved
by the proposed recovery, the petitioners have challenged the said
act.
4. After hearing the learned counsel appearing for the
parties, we find that the issue raised in the present petition is
covered by the decision of this Court in Writ Petition No.2442 of
2021 (Shyamrao Dasram Channe and ors. Vs. State of
Maharashtra and ors.) decided on 15/03/2022. With regard to
similarly placed employees of the same Zilla Parishad, this Court
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has held that such recovery after retirement was contrary to law.
Hence, for the reasons recorded, and the judgment in the Writ
Petition No.2442 of 2021 (supra), the following order is passed:-
(a) The writ petition is allowed in terms of prayer
clause (i) which reads as under:-
"That, by issue of suitable writ, order or direction, the
illegal action of the R.No.1 to 5 of the withholding of the
total sum of Rs.26,33,164/- and recovery of total sum of
Rs.4,69,635/- of the respective petitioners as per
impugned sanction orders to the extent of withholding
and recovery, produced at Annexure-A collectively, issued
by R.No.5 i.e. Dy. Chief Accountant and Finance Officer,
Z.P. Gondia may kindly be quashed and set aside".
(b) The Zilla Parishad shall release the amount of
pensionary benefits withheld/refund such amount recovered from
each petitioner as the case may be, within the period of three
months of receiving of copy of this order.
(c) Rule is made absolute in the aforestated terms.
No order as to costs.
(MRS.VRUSHALI V. JOSHI, J) (A.S.CHANDURKAR)
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