Kumarsay Hariram Sindram And Others v. The State Of Maharashtra, Thr. Secretary, Rural Development Department, Mumbai And Others

wp6789.23.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.6789 OF 2023 (Kumarsay Hariram Sindram and others Vs. State of Maharashtra thr. its Secretary, Rural Development Department, Mumbai and others) ---------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

---------------------------------------------------------------------------------------------------------------------------------- Mr. P. S. Kshirsagar, Advocate for Petitioners. Mr. N. R. Patil, AGP for Respondent No.1/State. Mr. Suyash Agrawal, Advocate for Respondent Nos.2 to 8. CORAM: AVINASH G. GHAROTE AND SMT. M. S. JAWALKAR, JJ.

DATE: 30 th APRIL, 2024.

Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

2.

Learned counsel for respondents fairly conceded that question in the petition is squarely covered by judgment in Writ Petition No.3642/2021, in view of this fact the petition stands disposed of in terms of the directions issued in Writ Petition No.3642/2021, the following directions are issued:

(i) Each petitioner is at liberty to make a representation to the Chief Executive Officer, Zilla Parishad, Gadchiroli against the alleged recovery of excess payment and for continuation of salary in terms of Government Resolution dated 06/08/2022.

wp6789.23.O.odt (ii) The Chief Executive Officer shall decide the representations made by the petitioners within a period of twelve weeks from the first date of proceedings and the order passed would be communicated to the petitioners.

(iii) If any adverse order is passed by the Chief Executive Officer, no coercive steps for recovery of any excess payment shall be made for a period of four weeks from the date of communication of such order to the petitioners.

(iv) Till the Chief Executive Officer takes a decision on the representations, the petitioners shall continue to receive salary at the same rate at which they were receiving the same prior to such recovery.

Order accordingly. No costs.

4.

The petition stands disposed of.

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