Kailash S/O Kashinath Zine v. State Of Maharashtra, Thr. Secretary Law And Judiciary Department, Mumbai And ORS.

2025:BHC-NAG:14419-DB 1 104) WP 8102-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 8102 OF 2025 KAILASH S/O KASHINATH ZINE VS STATE OF MAHARASHTRA, THR. SECRETARY, LAW AND JUDICIARY DEPARTMENT, MUMBAI AND ORS. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri A.P.Sadavarte, Advocate for petitioner.

Shri P.R.Agrawal, Advocate for respondent nos. 3 and 4. Shri D.P.Thakare, Addl. G.P. for respondent/State CORAM: ANIL S. KILOR AND RAJNISH R. VYAS, JJ.

DATED : 17th DECEMBER, 2025.

Heard learned counsel for the petitioner.

2.

A prayer in this petition is regarding the issuance of a writ of certiorari and thereby to quash and set aside the impugned order of revised pay fixation dated 15/07/2024 passed by respondent no. 4. Second prayer is regarding the direction to the respondents to refund the recovered amount from the petitioner's retirement benefits and salary along with interest.

3.

In short, it is the case of the petitioner that the employer had withdrawn the amount on the basis of wrong calculation/pay fixation of 6th and 7th Pay Commission. 4.

Be that as it may, according to the learned counsel for the petitioner, the said issue is already decided by this Court in Writ Petition No. 2829/2024 on 08/10/2024. He further submits that, if the said judgment and order is

2 104) WP 8102-2025.odt directed to be taken into consideration by respondent no. 4, his grievance would be redressed.

5.

Considering the fact that the issue is covered, we direct the respondent no. 4 to treat the present petition as a representation and decided the issue involved therein in light of judgment and order passed by this Court in Writ Petition No. 2829/2024 dated 8/10/2024 in accordance with law, within a period of ten weeks from receipt of this order. The decision taken be communictated to the petitioner, within a period of two weeks thereafter. 6.

The petitioner undertakes the produce a copy of this order along with a copy of the petition before the respondent no. 4, within a period of one week from today. 7.

Accordingly, the petition stands disposed of. (RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) B.T.K.