Bombay High Court
Jionkar S/O Bhimrao Karhade vs State Of Maha., Thr. Secretary, General ... on 2 February, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:1353-DB
wp 7697-2023.odt 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.7697/2023
Jionkar s/o Bhimrao Karhade,
Aged about 58 years,
Occupation Retired Teacher,
R/o at Behind Cooperative Bank,
At Post Sadak Arjuni,
District Gondia.
....PETITIONER
...VERSUS...
1. State of Maharashtra,
Through its Secretary,
General Administration Department,
Mantralaya, Mumbai.
2. Zilla Parishad, Gondia,
through its Cheif 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.
...RESPONDENTS
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Shri I.N. Choudhari, Advocate for petitioner
Shri A.M. Joshi, AGP for respondent Nos.1 & 2
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CORAM : AVINASH G. GHAROTE AND
SMT. M.S. JAWALKAR, JJ..
wp 7697-2023.odt 2/5
DATE OF RESERVING THE JUDGMENT: 01/02/2024
DATE OF PRONOUNCING THE JUDGMENT : 02/02/2024
JUDGMENT (PER SMT. M.S. JAWALKAR, J.)
Rule. Rule made returnable forthwith. Heard finally by
consent of parties.
2. The petitioner was appointed as Assistant Teacher on
14/08/1995 in Primary School run by the Zilla Parishad Bhandara
and was posted at Zilla Parishad Primary School, mandvi,
Panchayat Samiti, Tirora. The petitioner was thereafter transferred
at Zilla Parishad Primary School Palasgaon (Dawwa) under
Panchayat Samiti Sadak Arjuni, District Gondia in the year 2004.
The petitioner was thereafter transferred at Zilla Parishad Primary
School Gopaltoli under Panchayat Samiti Sadak Arjuni, District
Gondia from 03/06/2011 and superannuated from said school on
30/09/2023. The petitioner worked as Assistant Teacher (Primary)
and said post comes under category -III of Maharashtra Zilla
Parishad District Service (Recruitment) Rules, 1967.
3. The petitioner while in services passed Maharashtra State
Certificate in Information Technology Examination (MSCIT) in
March-2014 with 83% marks. The entry to that effect was duly
taken in his service book and certified by Block Education Officer,
Panchayat Samiti, Sadak Arjuni on 15/07/2016. The respondent
No.3 thereafter issued pension payment order and gratuity release
order dated 03/10/2023 to the petitioner and the amount of
Rs.1,67,398/- is shown towards computer recovery and it is
withheld.
4. It is contended by the petitioner that the Rural
Development Department, Government of Maharashtra, issued
Resolution dated 26/02/2019 which provides regarding no
recovery against alleged over paid from Class-III and Class-IV
employees who are superannuated and other conditions are
mentioned still the impugned order passed against the petitioner.
Being aggrieved by the same, present writ petition is filed.
5. On hearing the learned Counsel for the parties and after
perusing the documents on record, we find that it is undisputed
that petitioner is Class III employee and has superannuated from
service. During the course of service, no recovery was sought to be
made as is now being made. It is not the case of the Zilla Parishad
that by fraudulently or deliberately furnishing incorrect
information such benefits were granted to the petitioner. The law
laid down in State of Punjab and others Vs. Rafiq Masih (White
Washer) and anr. (2015) 4 SCC 334 is clearly attracted to the facts
of the present case. The impugned action of recovery after
retirement and withholding service benefits is contrary to law. In
that view of the matter, the petitioner would be entitled for the
relief as prayed for. Accordingly, the following order is passed:
ORDER
i) The writ petition is allowed in terms of prayer Clause(i)
thereof.
ii) Respondent No.2 to 4 shall release the amount
withheld/refund any amount recovered from petitioner within a
period of three months from the receipt of a copy of this order.
6. Rule is made absolute in the aforesaid terms with no
order as to costs.
JUDGE JUDGE
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 02/02/2024 18:18:33
