Chandrashekhar Madhaorao Kandikurwar And Others v. Zilla Parishad, Through Its Chief Executive Officer, Chandrapur And Another

31WP 4705.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4705 OF 2019 (Chandrashekhar Madhavrao Kandikurwar, Chandrapur & Ors. Vs. Zilla Parishad, Chandrapur & Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. A.A. Dhawas, Advocate for the petitioners. Mr. N.W. Almelkar, Advocate for the respondent no.1. .....

CORAM : DIPANKAR DATTA, CJ. & PUSHPA V. GANEDIWALA, J.

FEBRUARY 03, 2021.

PC :- Mr. Almelkar, learned Advocate, appearing for the respondent no.2 - Zilla Parishad, Chandrapur, fairly submits that the petitioners are entitled to similar benefits as accorded by the coordinate Bench of this Court by its order dated December 13, 2017 to the petitioners in Writ Petition nos.6341/2016, 6347/2016 and 6365/2016 and that appropriate directions may accordingly be issued. The operative part of the order dated December 13, 2017 reads as follows :

"8. Thus, the recoveries here are from the petitioners who are either superannuated or are on the verge of retirement. The law laid down by the Hon'

ble Apex Court squarely applies to this

31WP 4705.19.odt situation. We, therefore, quash and set aside all recoveries. The amounts, if already recovered should be refunded to the petitioners. If any petitioner has still not been paid complete arrears, he shall be paid those arrears within six months from today."

2.

In view of the aforesaid submission by Mr. Almelkar, this writ petition stands disposed of on the same terms as extracted supra. There shall be no order as to costs.

(PUSHPA V. GANEDIWALA, J.) (CHIEF JUSTICE) Sumit