Bombay High CourtWP/2957/2014dismissedrule discharged

Prakash Harbaji Wakde And Another v. State Of Maharashtra, Through Its Secretary, Tribal Development Department, Mumbai And 3 Others

2016-12-21Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

2112wp2957.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2957/2014 Prakash Harbaji Wakde and another ...Versus...

State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sachin Khandekar, Advocate for petitioners Mrs. G.R. Tiwari, AGP for respondent nos.1 to 3 Shri H.A. Deshpande, Advocate for respondent no.4 CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 21.12.2016 Shri Khandekar, the learned Counsel for the petitioners, on instructions from the petitioners, states that the petitioners are not desirous of pressing the prayers made in the writ petition, in view of the recent position of law, as laid down by the Hon'ble Supreme Court in the judgment, dated 29.7.2016 in Civil Appeal No.3500/2006 (High Court of Punjab and Haryana and others...Versus...Jagdev Singh).

The learned Counsel for the petitioners states that in the circumstances of the case, since the petitioners have several years of service, the respondents may be permitted to deduct only a sum of Rs.3,000/- from the monthly salary of the petitioners.

2112wp2957.14.odt Though the learned Assistant Government Pleader for the respondent nos.1 to 3 and the learned Counsel for the respondent no.4 oppose the prayer made by the petitioners, in the circumstances of the case, we are inclined to grant the prayer, as the request is just and reasonable.

Hence, we dispose of the writ petition with a direction against the respondents to deduct only a sum of Rs.3,000/- (Rupees Three Thousand Only) from the monthly salary of the petitioners towards the recovery.

Order accordingly. No costs.

JUDGE JUDGE Wadkar