Shri. R. R. Sapre And ORS v. The State Of Maharashtra, Through Secretary, Ministry Of Higher And Technical Education And ANR

ssm 1 9-wp10526.14gp.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10526 OF 2014 Dr. Marulkar V.S. & Anr.

....Petitioners.

Vs.

The State of Maharashtra & Anr.

....Respondents.

WITH WRIT PETITION NO. 3787 OF 2015 Shri R.R. Sapre & Ors.

....Petitioners.

Vs.

The State of Maharashtra & Anr.

....Respondents.

Mr. S.R. Ganbavale i/by Mr. Sangramsinh Yadav for the Petitioners in both the Petitions.

Mr. V.N. Sagare, AGP for Respondent Nos. 1 and 2 in both the Petitions.

CORAM : B.R. GAVAI AND RIYAZ I. CHAGLA, JJ.

DATE : 28 JUNE 2017.

P.C.:- For the reasons recorded separately, Rule made absolute. It is held and declared that the recovery of the amount paid to the Petitioner on account of stagnation increment is bad in law 1/2

ssm 2 9-wp10526.14gp.sxw and therefore, quashed and set aside.

The amount recovered from the pension of the Petitioners is directed to be refunded to the Petitioners within a period of three months from today, along with interest @ 12% per annum thereon. (RIYAZ I. CHAGLA J.) ( B.R. GAVAI J.) 2/2