Narsing Nagorao Hippargekar v. State Of Maharashtra And ORS

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1042 OF 2000 WITH WRIT PETITION NO.1043 OF 2000 WRIT PETITION NO.1049 OF 2000 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.S.A.R.Ahmed, advocate holding for Mr.A.S.Golegaonkar, advocate for the Petitioners. Mr.S.G.Sangle, Asstt. Govt. Pleader for the State. CORAM : S.V.GANGAPURWALA & A.I.S.CHEEMA,JJ.

Date : 07.04.2015.

PER COURT :

1.

Heard.

2.

In all these Writ Petitions, the petitioners are assailing the order directing recovery of the difference in pay-scale of the Headmaster from the petitioners. As far as aspect of seniority is concerned,the said aspect has attained finality. So also as far as recovery of the differential amount is concerned, as directed vide order dated 20.1.2000, passed by the Education Officer, the same has also attained finality in view of the judgment of the Apex Court, wherein the Apex Court has clearly observed as under : "We are of the considered opinion that while no recovery of

the differential amount should be made from Shri Narsing Nagorao Hippargekar, Shri Arjun Marotirao Udgire and Shri Vithal Gangaram Jadhav, as held by the High Court in the common judgment and order"

3.

In view of the said judgment, the Writ Petitions are allowed to the extent that order claiming recovery of the differential amount vide order dated 20.1.2000 is quashed and set aside. The Writ Petitions are allowed to that extent. Rule accordingly made absolute. No costs.

(A.I.S.CHEEMA,J.) (S.V.GANGAPURWALA,J.) Dt..07.04.2015.

asp/office/wp1042.00