Jayshree Sumant Kulkarni v. The State Of Maharashtra And Others

( 1 ) wp 9035.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9035 OF 2018 Jayshree Sumant Kulkarni ..

Petitioner

Versus

The State of Maharashtra and others ..

Respondents Shri. D. R. Irale Patil, Advocate for Petitioner. Shri. K. N. Lokhande, A.G.P. for Respondent No. 1. Shri. S. B. Ghute, Advocate for Respondent Nos. 2 and 3. CORAM : S.V. GANGAPURWALA AND SUNIL K. KOTWAL, JJ.

DATED : 07 th August, 2018 FINAL ORDER:- .

Heard learned Counsel for the petitioner, learned A.G.P. for Respondents No.1 and learned Counsel for respondents Nos. 2 and 3. 2.

The learned Counsel for the petitioner submits that the petitioner is similarly situated as that of the petitioner in Writ Petition Nos.4616 of 2016 and 4624 of 2016, decided by this Court under the judgment and

( 2 ) wp 9035.18 order dated 22.12.2017.

3.

The learned Counsel for the respondents, on going through the judgment, accepts that the present petitioner is similarly situated. The respondents were same in Writ Petitions No.4616 of 2016 and 4624 of 2016.

4.

For the reasons stated in the said judgment, the impugned order passed by respondent Nos.2 and 3 claiming recovery is quashed and set aside. The respondents are directed to repay the amount to the petitioner which has been recovered from her, within a period of six months from today.

5.

The respondents are at liberty to re-fix the pay of the petitioner after giving opportunity to the petitioner.

6.

Writ Petition is disposed of. No costs.

[ SUNIL K. KOTWAL, J. ] [ S. V. GANGAPURWALA, J. ] ass/wp 9035.18