Bombay High Court
Nepalchand S/O Jagannath Rahangdale ... vs State Of Maharashtra, Thr. Secretary, ... on 28 November, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
2023:BHC-NAG:16807-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 7575 OF 2022
PETITIONERS :- 1. Nepalchand s/o Jagannath
Rahangdale
Aged about 58 years,
Occ. Superannuated Head
Master/ Kendra Pramukh,
R/o. New Laxmi Nagar, Gondia,
Tah. and District Gondia
2. Smt. Ushatai w/o Omkumar Dahake,
Aged about 58 years,
Occupation - Superannuated
Assistant Teacher,
R/o at and post Mundipar
(Bhadanga),
Tah. Goregaon, District - Gondia
3. Vijaykumar s/o Khannudas
Meshram,
Aged about 58 years,
Occupation - Superannuated
Assistant Teacher,
R/o. Deutola, Post - Dauniwada,
Tah. and District -Gondia
4. Puranlal s/o Gyaniram Sonewane,
Aged about 63 years,
Occupation - Superannuated
Higher Grade Head Master
R/o at and post Bhadanga
(Mundipar), Tah. Goregaon,
District - Gondia
5. Ashrafkhan s/o Dildarkhan Pathan,
Aged about 58 years,
Occupation - Superannuated
Graduate Teacher, R/o at and post
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Mundipar (Bhadanga),
Tah. Goregaon, District - Gondia
6. Bhaulal s/o Gunilal Katre,
Aged about 63 years,
Occupation - Superannuated
Higher Grade Head Master,
R/o at and Post Mundiar,
Tah. Goregaon, District- Gondia
7. Himchand s/o Shrawan bisen,
Aged about 58 years,
Occupation - Superannuated
Assistant Teacher,
R/o at and Post Mundipar,
Tah. Goregaon District - Gondia.
8. Smt. Maya w/o Bhaiyalal Katre,
Aged about 58 years,
Occupation - Superannuated
Assistant Teacher, R/o. at and Post-
Gorega, Tah. Goregaon,
District - Gondia
9. Budhram Dulichand Patle,
Aged about 58 years,
Occupation -Superannuated
Assistant Teacher, R/o. at and Post
Kamargaon, Tah. Goregaon,
District - Gondia.
10. Digambar Kapurchand Thakur,
Aged about 59 years,
Occupation - Superannuated
Assistant Teacher, R/o at and Post
Mundipar, Tah. Goregaon,
District - Gondia
11. Subhash Shriram Patle,
Aged about 61 years,
Occupation - Superannuated
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Higher Grade Head Master,
R/o. At Hiratola, Post - Tigaon,
Tah. Goregaon, District - Gondia
12 Smt. Sunanda Roshan Shahare,
Aged about 59 years,
Occupation - Superannuated
Higher Grade Head Mistress, R/o.
Arjuni Morgaon, Tah. Arjuni
Morgaon, District - Gondia
13. Bholaram Tukaram Tembhare,
Aged about 58 years,
Occupation - Retired, Assistant
Teacher, R/o. At Chilhati,
Tah. Goregaon, District - Gondia.
14. Smt. Nirmalabai w/o Bholaram
Tembhare, Aged about 58 years,
Occupation - Retd., Assistant
Teacher, R/o. At Chilhati,
Tah. Goregaon, District - Gondia
//VERSUS//
RESPONDENTS : 1. State of Maharashtra
through its Secretary,
General Administration Department,
Mantralaya, Mumbai
2. Zilla Parishad, Gondia,
Through its Chief Executive Officer,
Gondia, Tah and District - Gondia.
3. Deputy Chief Accounts and Finance
Officer, Zilla Parishad, Gondia,
Tah. and District- Gondia
4. The Education Officer (Primary),
Zilla Parishad, Gondia
Tah. and District - Gondia
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***************************************************
Shri I.N. Choudhari, Advocate for the petitioners.
Shri S.M. Uikey, AGP for respondent No.1/State.
Shri Anand Dixit, Advocate for the respondent Nos.2 to 4.
*****************************************************
CORAM : SMT. ANUJA PRABHUDESSAI AND
MRS. VRUSHALI V. JOSHI, J.J.
DATED:- 28/11/2023
ORAL JUDGMENT (PER:- -SMT. ANUJA PRABHUDESSAI,J.)
1. The petitioners are retired Assistant Teachers in
Primary School run by Zilla Parishad, Gondia. They were
issued pension and gratuity release order after their
superannuation. The petitioners are aggrieved by the action of
respondent Nos.2 to 4 in seeking recovery of excess amount
paid to the petitioners, on the ground of non-submission of
Computer Proficiency Certificate.
2. It is stated that petitioner Nos. 2, 3, 4, 6, 7, 10, 11
and 12 were exempted from submitting Computer Proficiency
Certificate, whereas the other petitioners have passed Computer
Examination and the entries in that regard have been duly
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made in their service records. The petitioners claim that the
impugned action of recovery is totally arbitrary and
unsustainable.
3. Similar issue was raised in Writ Petition
No.2442/2021 (Shyamrao s/o Dasram Channe and Ors. Vs.
State of Maharashtra and Ors. ). The Co-ordinate Bench of this
Court had allowed the petition filed by the similarly placed
petitioners and held that action of recovery after retirement and
withholding service benefit is contrary to law. The present case
is fully covered by the judgment dated 15.03.2023 in Writ
Petition No.2442/2021.
4. In view of which, petition is allowed in terms of
prayer clause (i ) and (ii).
5. The respondents shall release the amount withheld
and refund the amount recovered to each of the petitioners
within a period of three months from the date of receipt of this
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order.
6. The Writ Petition stands disposed of. No costs.
(VRUSHALI V. JOSHI, J) (ANUJA PRABHUDESSAI, J.)
manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 06/12/2023 11:39:37
