Dismissed

Usha Wd/O Ramesh Bopche v. State of Maha. Rural Development Department Thr. Principal Secretary, Mumbai and Others

Bombay HC20 Sept 2022WP/193/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay Nagpur Bench dismissed a writ petition filed by a petitioner, who appeared to be the legal heir of a deceased employee. The court held that given the employee had given an undertaking for the refund of excess salary and the petitioner also undertook the same, there was no substance in the petition. The writ was dismissed.

What did the court decide?

Rule discharged; Writ Petition stands dismissed.

Usha Wd/O Ramesh Bopche Vs State of Maha… — Pension and Retirement Benefits | Bombay HC (2022)

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927-wp 193-22j-

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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CIVIL WRIT PETITION NO. 193 OF 2022

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PETITIONER :- Usha Ramesh Bopche a/a 40 years, occup.Housewife r/o Paraswada, Tah Tirora,Dist.Gondia

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...VERSUS...

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RESPONDENTS :- 1. The State of Maharashtra, Rural Development Department through it’s Principal Secretary, Mantralaya, Mumbai.

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The Zilla Parishad Gondia, Dist. Gondia, through its Chief Executive Officer, Gondia,Tah.and Dist.Gondia.

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The District Animal Husbandary Officer Zilla Parishad, Gondia Tah. And Dist.Gondia.

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The Panchayat Samittee, Tirora, Dist.Gondia through its block Development Officer,

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The Dy. Chief Accountant and Finance Officer, Zilla Parishad, Gondia, Tah. and Dist.Gondia.

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-------------------------------------------------------------------------------------------Mr.V.R.Borkar, counsel for the petitioner. Ms.K.S.Joshi,Addl.G.P for respondent No.1. Mr.Anant Dixit counsel for respondent Nos.2 to 5. ---------------------------------------------------------------------------------------------

Kavita

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927-wp 193-22j-

CORAM : SUNIL B.SHUKRE &

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G.A.SANAP, JJ.

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DATE : 20.09.2022.

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O R A L J U D G M E N T (Per :Sunil B.Shukre, J.)

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Heard.

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Rule. Rule made returnable forthwith. Heard finally

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by consent of the learned counsel appearing for the parties.

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Now, it is well settled that if an undertaking has been

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given by an employee, while in service, regarding refund of the excess payment of salary or other benefits found later on to have been made on account of some mistake in pay fixation or otherwise, the recovery of the excess payment even after the death of an employee is permissible.

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In the present case, there was an undertaking given by the deceased employee and there is also an undertaking given by the petitioner regarding refund of such excess payment.

Kavita

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927-wp 193-22j-

Therefore, we find no substance in this Writ Petition. The Writ Petition stands dismissed.

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Rule is discharged in above terms.

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(G.A.SANAP,J) (SUNIL B. SHUKRE,J)

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Kavita Signed By:KAVITA PRAVIN TAYADE P. A.

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Signing Date:21.09.2022 18:44

Usha Wd/O Ramesh Bopche v. State of Maha. Rural Development Department Thr. Principal Secretary, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Usha Wd/O Ramesh Bopche v. State of Maha. Rural Development Department Thr. Principal Secretary, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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