Allowed

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

Bombay HC17 Jan 2024WP/735/2023

Case brief

AI extract

What is this about?

This writ petition challenged directions for recovery of excess payments and loans from the petitioner's retirement benefits based on her deceased husband's employment. The court relied on Pandurang Sadashiv Shrirame and Rafiq Masih to quash these recovery orders. The court directed the return of funds and re-fixation of benefits.

What did the court decide?

Recovery order quashed; Rs.3,34,106/- returned to petitioner; retirement benefits re-fixed with consequential benefits.

Surekha W/O. Ganesh Pidurkar Vs Zilla… — Pension and Retirement Benefits | Bombay HC (2024)

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(1)

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28 wp 735-2023

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

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WRIT PETITION NO. 735 OF 2023

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Surekha W/o Ganesh Pidurkar

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Vs.

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Zilla Parishad, Chandrapur, through Chief Executive Officer, chandrapur and others

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- – - - - - - - – - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Ms Garima Jain, Advocate h/f Dr.R.S. Sirpurkar, Advocate for petitioner Shri J.B. Kasat, Advocate for respondent Nos. 1 & 2

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CORAM : AVINASH G. GHAROTE AND SMT M.S. JAWALKAR, JJ. DATE : 17.01.2024

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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.

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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.

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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

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(2)

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28 wp 735-2023

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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.

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

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JUDGE JUDGE

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Jayashree..

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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