Bombay High CourtWP/4531/2019dismissed

Shobha Rajendra Alaspurkar v. Zilla Parishad, Through Its Chief Executive Officer, Amravati And Another

2024-04-24Hon'Ble Shri Justice Avinash G. Gharote,Hon'Ble Smt. Justice M. S. Jawalkar2 pages

(1) 919 wp 4531-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4531 OF 2019 Shobha Rajendra Alsapurkar Vs.

Zilla Parishad, Amravati, through its Chief Executive Officer, District - Amravati and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - - - - - Shri A.D. Giradekar, Advocate for the petitioner Shri S.A. Mohta, Advocate for respondents CORAM : AVINASH G. GHARO TE AND SMT M.S. JAWALKAR, JJ.

DATE :

24/04/2024 Petitioner, in this petition challenged the order for recovery of amount of Rs.2,91,711/- from the payment of gratuity of the petitioner. As per respondent petitioner has not completed computer course by Government approved Computer Institutes, within a period of two years from 01/01/2001. She has applied for voluntary retirement and Block Development Officer relieved her on 31/10/2017. There was recovery of 2,91,711/-, in view of Government Resolution dated 20/07/2002, by which, if such certificate is not obtained, one increment of the employee will be stopped. It is also mentioned that if she attained the age of 50 years without obtaining certificate, employee will be exempted. However, it is informed by respondents and also admitted by petitioner that she applied for voluntary retirement before attaining age

(2) 919 wp 4531-2019 of 50 years. As such, no benefits can be granted of the said Government Resolution to the petitioner. As such, petition is dismissed.

(SMT M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) Jayashree..