Late Sanjay Babulal Patil Died Lrs Saroj Sanjay Patil v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11326 OF 2018 LATE SANJAY BABULAL PATIL DIED LRS SAROJ SANJAY PATIL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Shri V. S. Khairnar AGP for Respondent Nos. 1 and 2 : Shri S. R. Yadav Advocate for Respondent Nos. 3 and 4 : Shri M. S. Sonwane ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 11th OCTOBER, 2018.

...

PER COURT :

1.

This is yet one more petition concerning the school uniform scam. This Court has disposed of about 200 such matters.

2.

The learned Advocates for the respective sides point out the order dated 06/09/2018 passed by this Court in a group of petitions, Writ Petition Nos. 10125 to 10133 and 10243 of 2018, Rajendra Laxman Yewale and others Vs. the State of Maharashtra and others.

3.

It is submitted that the deceased husband of the petitioner Sanjay Babulal Patil is identically placed as like the

petitioners in the earlier petitions. This Court has set aside the order of stoppage of 'one increment permanently with cumulative effect' and converted the said punishment into 'stoppage of increment for one year simplicitor'. Based on the said directions, the recovery amounts are to be re-calculated and if excess amounts are recovered, the said amounts are to be returned to the said petitioners.

4.

In view of the above, this petition is partly allowed as under :- (a) The order of punishment of stoppage of one increment with cumulative effect is converted into an order of punishment in the nature of stoppage of one increment for one year simplicitor.

(b) Consequentially, the Respondent / Zilla Parishad shall calculate the amounts, which are to be recovered towards the fulfillment of the above stated punishment and shall refund the excess amounts to the petitioner widow within EIGHT WEEKS from today.

(c) The competent authorities would re-calculate the retiral/pensionary benefits which can be extended to the petitioner widow and take effective steps to process the papers and commence such payment of benefits within TWELVE WEEKS from today.

(RAVINDRA V. GHUGE, J.) shp/-