Vishal Prabhakar Naik And ORS v. The State Of Maharashtra Through The Secretary, Gen. Administration Dept. And ORS

8-WP-3359-2023 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3359 OF 2023 Vishal Prabhakar Naik & Ors.

.. Petitioners

Versus

The State of Maharashtra & Ors.

.. Respondents Mr. Vivek B. Rane i/by Balaji Shinde for petitioners. Mrs. Nisha M. Mehra, AGP for State.

CORAM: S. V. GANGAPURWALA, ACTING CJ. & SANDEEP V. MARNE, J.

DATE:

MARCH 23, 2023 P.C.:

1.

The learned counsel for petitioners and the learned AGP are at consensus that the petitioners are similarly situated as petitioners in Writ Petition No. 8820 of 2021. The said Writ Petition is disposed of under order dated 21st December, 2021. 2.

In view of the above, we follow the same course and pass the similar order:

(i) The impugned action of recovery initiated by the respondents is quashed and set aside.

(ii) The petitioners have agreed to appear before the respondent no.4 on 11th April, 2023 at 11.00 a.m. (iii) The respondent no.4 shall pass fresh order after SALUNKE J V hearing the petitioners through their respective by SALUNKE J V Date: 2023.03.24 11:40:18 +0530 advocates or an authorised representatives without being influenced by the order of recovery of the amount

8-WP-3359-2023 taken till date which is set aside by this order and shall decide the matter in accordance with law by interpreting the clause 3(7) of the Government Resolution dated 6th August, 2002 in right perspective and after taking into consideration the principles of law laid down in catena of the decisions.

(iv) The petitioners would be at liberty to file written arguments along with the representation before the respondent no.4 within one week from today.

(v) The respondent no.4 shall decide representation within six weeks from the date of first hearing. (vi) The order that would be passed by the respondent no.4 shall be conveyed to the petitioners within two weeks from the date of passing such order.

(vii) If the order that would be passed by the respondent no.4 is adverse against the petitioners, no coercive steps shall be taken against the petitioners for a period of four weeks from the date of communication of the order.

(viii) The respondent no.4 shall continue to pay salaries of the petitioners (one step pay scale) at the rate at which they were being paid prior to the date of recovery of amount.

3.

Writ Petition is allowed in aforesaid terms. No costs. (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)