Salim Pasha Bashiruddin v. The State Of Maharashtra Through Its Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO.1495 OF 2023 IN WP/9681/2019 SALIM PASHA BASHIRUDDIN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETA Mr.V.G.Salgare, Advocate for the Applicant.

Mr.P.S.Patil, AGP for Respondent No.1.

Mr.V.C.Patil h/f Mr.U.B.Bondar, Advocate for Respondent Nos. 2 to 4. ( CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.) DATE : MARCH 17, 2023 PER COURT :

1.

The Petitioner has put forth prayer clause B as under :- "B. By writ, order or directions the respondent Nos. 1 to 4 may kindly be directed to refund the recovered amount of Rs.4,56,666/- (Rs. Four Lac Fifty Six Thousand Six Hundred Sixty Six only) deducted as excess payment from the retirement gratuity of the petitioner by the respondent authorises in view of the ratio/judgment and order delivered in the case of State of Punjab Vs. Rafiq Masih passed by the Hon'

ble Supreme Court of India on 18.12.2014 as the case of the petitioner is fully covered by the judgment in the interest of justice." 2.

Heard. The Respondents opposed. For the reasons cited, khs/March 2023/1495

- 2 - this application is allowed in terms of prayer clause "B". Production of documents be carried out within 3 (three) weeks. Liberty to the Respondents to file their affidavits in reply in the Writ Petition. ( SANJAY A. DESHMUKH, J. ) ( RAVINDRA V. GHUGE, J.) khs/March 2023/1495