Jarichand Genba Chaudhari And ORS v. The State Of Maharashtra Throu. The Sec. Education Dept And ORS

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.07.02 11:08:58 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5157 OF 2025 Shri Jarichand Genba Chaudhari & Ors.

... Petitioners versus The State of Maharashtra & Ors.

... Respondents ...

Mr.Umesh Kurund for the Petitioners.

Mr.Vikas M. Mali, AGP for Respondent Nos. 1 and 2, State. Mr.Sumedh S. Modak i/b. Mr.Vijay Killedar for Respondent Nos. 3 to 5Zilla Parishad. ...

CORAM

: RAVINDRA V. GHUGE & M. M. SATHAYE, JJ.

DATE : 30TH JUNE, 2025 P.C.:- 1.

On 13th June, 2025, we had passed the following order : "1. The learned Advocate for the Petitioners contends that the Petitioners are identically placed with the Petitioners in Shrihari Dadarao Gaikwad and Ors. v/s. The State of Maharashtra and Ors. (Writ Petition No.2756 of 2025, decided on 27th February, 2025). The learned Advocate Mr. Killedar is on the Panel of the Solapur Zilla Parishad. We, therefore, requested him to assist the Court. He submits that he will have to take instructions in this matter and would make a statement on the next date.

2. List this Petition on 30th June, 2025 for hearing and dictation of order."

1/3

2.

The learned Advocate for the Zilla Parishad has received written instructions to make a statement before the Court that the present case is squarely covered by the view taken in Shrihari Dadarao Gaikwad and Ors. (supra). A photostat copy of the said communication dated 30th June, 2025 is taken on record and marked as 'X' for identification. 3.

Considering the above, we deem it appropriate to reproduce the details of the Petitioners, as under :

Sr.

No Retired Teacher's Name Age Computer Recovery Retired Date Z.P. School Permanent Address Date of Impugned order 1.

Shri Jarichand Genba Chaudhari 50222.00 31/5/2024 T.P. Samiti Barshi Barshi 6/12/2024 2.

Shri Subhash Baburao Jambhale 7285.00 31/5/2017 Uplae Dumala Vairag 2/06/2017 3.

Shri Vinod Keshavrao Devale 15019.00 30/11/2017 Mahagaon Barshi 24/11/2017 4.

Smt. Surekha Dattatraya Salunkhe 47058.00 31/1/2020 Vairag Vairag 28/02/2020 5.

Smt. Anjalidevi Jaganath Zadbuke 49234.00 30/4/2021 Shelgaon (R) Vairag 05/07/2021 6.

Shri Suresh Ganpati Yadav 91733.00 31/5/2020 Upale Dumala Nandani 9/11/2020 7.

Shri Bhagwat Manohar Devakar 31894.00 31/5/2024 Padsali Ambegaon 13/06/2024 8.

Shri Sanjay Chhaburao Gaikwad 245969.00 28/2/2023 Yemaitada Kari 06/12/2024 9.

Smt. Binadevi Kalyan Ukirade 42884.00 9/5/2021 Bhalgaon Agalgaon 01/02/2022 49499.00 18/12/2023 Tulshidasnagar Dhorale 08/05/2024 10.

Smt.

Sulakshana Kant Kakade 2/3

4.

In view of the above, and in light of the view taken in Shrihari Dadarao Gaikwad and Ors. (supra), as well as in several similar orders passed by this Court (some of which are in the Petition paper-book), this Writ Petition is partly allowed. All the impugned orders are quashed and set aside.

5.

The amounts recovered from the Petitioners shall be refunded to them within a period of 60 days from today, failing which, the said amounts shall attract interest at the rate of 5% per annum, from the date of this order till the actual payment and the interest amount shall be paid from the salary of the officer responsible for the delayed payment. (M. M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.) 3/3