Surekha W/O. Ganesh Pidurkar v. Zilla Parishad, Chandrapur, Thr. Chief Executive Officer, Chandrapur And Others

(1) 28 wp 735-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 735 OF 2023 Surekha W/o Ganesh Pidurkar Vs.

Zilla Parishad, Chandrapur, through Chief Executive Officer, chandrapur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - - - - - Ms Garima Jain, Advocate h/f Dr.R.S. Sirpurkar, Advocate for petitioner Shri J.B. Kasat, Advocate for respondent Nos. 1 & 2 CORAM : AVINASH G. GHARO TE AND SMT M.S. JAWALKAR, JJ.

DATE : 17.01.2024 Heard Ms Jain, learned Counsel holding for Ms. (Dr.) Renuka Sirpurkar, learned Counsel for the petitioner and Mr. Kasat, learned Counsel for the Respondent Nos. 1 and 2. None appears for the other respondents though served. 2.

The petition questions the communications dated 13/01/2017 (Page 65) and 19/06/2018 (Page 52), by which recovery of Rs.3,34,106/- on account of excess payment made and Rs.77,021/- on account of loan availed by the deceased husband of the petitioner who was employed with the respondent No.1 as an Assistant Teacher (Senior Grade) and who passed away on 05/10/2017, has been directed. 3.

Mr. Kasat, learned Counsel for the respondent Nos.1 and 2 does not dispute that the position is covered by the judgment of this Court in Pandurang Sadashiv Shrirame

(2) 28 wp 735-2023 and others vs. Zilla Parishad, Chandrapur & others (Writ Petition No. 3579/2019 decided 08/12/2021), which in turn relies upon the judgment of the Hon'ble Apex Court in State of Punjab & others vs. Rafiq Masih & others, (2015) 4 SCC 334, considering which, the deduction of Rs.3,34,106/-, as made in pursuance to the communications dated 13/01/2017 (Page

65) and 19/06/2018 (Page 52) insofar as it relates to the aforesaid amount, are hereby quashed and set aside and the amount of Rs.3,34,106/- be returned to the petitioner within a period of four weeks from today. Consequent to the aforesaid order, the retiral benefits shall be re-fixed by considering the position as indicated in this order and consequential benefits shall also be paid to the petitioner within a reasonable time. 4.

The petition is allowed in the above terms. No costs. Pending Application(s), if any, stand(s) disposed of. JUDGE JUDGE Jayashree..