Allowed¶56

Sanjiv Kumar S/O Liladhar Bisen and Others v. State of Maharashtra, Thr. Secretary, Rural Development Department, Mumbai and Others

Bombay HC20 Feb 2025WP/1247/2024

Case brief

AI extract

What is this about?

Post-retirement recovery of alleged over-payment for non-submission of MS-CIT certificate; withholding of service benefits; Class-III and IV employees of Zilla Parishad, Gondia; State of Punjab v. Rafiq Masih (White Washer) (2015) 4 SCC 334; Shyamrao S/o. Dasram Channe v. State of Maharashtra, W.P. No. 2442/2021 (decided 15.03.2022); Government Resolution dated 26.02.2019; Bombay High Court, Nagpur Bench; neutral citation 2025:BHC-NAG:1885-DB; writ petition allowed in terms of prayer clauses (i)-(iii).

What did the court decide?

Writ Petition allowed in terms of prayer clause nos. (i), (ii) and (iii); the text of the prayers is not reproduced in the judgment. ¶56

Sanjiv Kumar S/O Liladhar Bisen and Others vs State of Maharashtra, Thr. Secretary, Rural Development Department, Mumbai and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition allowed in terms of prayer clause nos. (i), (ii) and (iii); the text of the prayers is not reproduced in the judgment.

¶56

Issue for consideration

Whether the recovery of the alleged over-payment (towards non-submission of the MS-CIT certificate) from retired / about-to-retire Class-III and IV employees of Zilla Parishad, Gondia, and the withholding of their service benefits, is lawful. +1 more

¶47

Court's answer

The impugned action of recovery of the over-payments made to the petitioners after their retirement, and the withholding of their service benefits, is contrary to the mandate laid down in Rafiq Masih; the petitioners are therefore entitled to the relief as prayed for.

¶56

Ratio / Principle

The petitioners are similarly situated to the employees at whose behest W.P. No. 2442/2021 had been filed.

¶53

Key takeaways

It is not the case of the Zilla Parishad that the petitioners provided fraudulent or deliberately incorrect information to get the benefits.ratio¶51

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Writ Petition No. 1247 of 2024, decided 20.02.2025 (coram AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.; oral judgment per ABHAY J. MANTRI, J.). Thirty-two petitioners, Class-III and IV employees of Zilla Parishad, Gondia (some retired, some on the verge of retirement), challenged recovery of alleged over-payment attributed to non-submission of MS-CIT certificates and withholding of service benefits after retirement. Held (per Mantri, J.): it was not the Zilla Parishad's case that the petitioners provided fraudulent or deliberately incorrect information to get the benefits; the petitioners are similarly situated to the employees in W.P. No. 2442/2021 (Shyamrao S/o. Dasram Channe v. State of Maharashtra, decided 15.03.2022); recovery of over-payments after retirement and withholding of service benefits is contrary to the mandate laid down in State of Punjab v. Rafiq Masih (White Washer), (2015) 4 SCC 334. Learned counsel for respondent nos. 2-4 and the AGP for respondent no. 1 did not dispute the law laid down in the referred decisions. Writ Petition allowed in terms of prayer clause nos. (i), (ii) and (iii).

¶1

2025:BHC-NAG:1885-DB

¶2

1 27-wp-1247-j.odt

¶3

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

¶4

WRIT PETITION NO. 1247 OF 2024

¶5

Sanjiv Kumar S/o. Liladhar Bisen, Aged 59 about, Occ. Retired, R/o. At Post Siddharth Nagar, Amgaon, Tah. Amgaon, Dist. Gondia.

¶6

Anand Kumar S/o. Rajmal Shende, Aged 59 about, Occ. Retired,

¶7

R/o. At Post Siddharth Nagar, Amgaon,

¶8

Tah. Amgaon, Dist. Gondia.

¶9

Smt. Asha W/o. Ravikant Lanjewar, Aged 60 about, Occ. Retired Teacher, R/o. At Post Kurhadi, Tehsil- Goregaon, District- Gondia.

¶10

Tarunkumar S/o. Bakaram Waghmare, Aged 59, Occ. Retired, R/o. At Chandalmela, Post Savali, Tehsil- Deori, District – Gondia.

¶11

Phagu S/o. Kondu Kore, Aged 58 about, Occ. Retired Teacher, R/o. At Post Palasgaon Sonaka, Tehsil- Sakoli, District Bhandara.

¶12

Naresh S/o. Raghunath Brahmankar, Aged 59, Occ. Retired,

¶13

R/o. At Post Ghoti (Davva), Tehsil-

¶14

Sadak Arjuni, District- Gondia.

¶15

Prakash S/o. Aasharam Sapate, Aged 59 about, Occ. Retired Teacher, R/o. Murmadi/Savari, Post Lakhani, Tehsil- Lakhani, District Bhandara.

¶16

Yadorao S/o. Ishwar Bisen, Aged 59, Occ. Retired, R/o. At Post Saneguruji Nagar, Bangaon Tahsil Amgaon, District Gondia.

¶17

2 27-wp-1247-j.odt

¶18

Devimala W/o. Parmanand Patle, Aged 61 years, Occ. Retired, R/o. At Post Amgaon, Tehsil Amgaon, District Gondia.

¶19

Dnyneshwar S/o. Ganpat Kapgate, Aged 59 about, Occ. Retired Teacher, R/o. At Post Navegaon Bandh, Tah Morgaon Arjuni, Dist. Gondia.

¶20

Anil S/o. Nilkanthrao Kharalkar, Aged 60, Occ. Retired, R/o. Post Aniha Nagar Road, Bangaon, Tehsil Amgaon, District Gondia.

¶21

Dharmraj S/o. Nanaji Yede, Aged 59 about, Occ. Retired Teacher, R/o. At Gongale Post Pandhari, Tehsil Sadak Arjuni, District Gondia.

¶22

Digambar S/o. Isharam Katre, Aged 59 about, Occ. Retired Teacher, R/o. At Pandhari Dunda, Post Pandhari Tehsil Sadak Arjuni, District Gondia.

¶23

Arvind S/o. Gopalji Kapgate, Aged 59 about, Occ. Retired Teacher R/o. At Post Navegaon Bandh, Tehsil Morgaon Arjuni, District Gondia.

¶24

Yuvraj S/o. Bhaiyalal Bisen, Aged 59, Occ. Retired, R/o. Amgaon, Tehsil Amgaon, District Gondia.

¶25

Chandrashekhar S/o. Gopichand Jambhulkar, Aged 59, Occ. Retired, R/o. Amgaon, Tehsil Amgaon, District Gondia.

¶26

Narendra S/o. Laxman Thakur, Aged 59 about, Occ. Retired Teacher, R/o. At Post Kavalewada, Tehsil Goregaon, District Gondia.

¶27

3 27-wp-1247-j.odt

¶28

Parashar Chaitram Tembhare, Aged 59 about, Occ. Retired Teacher, R/o. At post Kavalewada, Tehsil Goregaon, District Gondia.

¶29

Vasantrao S/o. Aasaram Bisen, Aged 59, Occ. Retired, R/o. Tehsil Amgaon, District Gondia.

¶30

Sudhram S/o. Parasram Rahangdale, Aged 59, Occ. Retired, R/o. Shivani, At Post Chirchalbandh, Tehsil Amgaon, District Gondia.

¶31

Padmakar S/o. Shriram Tambhurne, Aged 58 about, Occ. Retired Teacher, R/o. At Post Ward No. 10, Deori, Tehsil Deori, District Gondia.

¶32

Anandrao S/o. Maroti Meshram, Aged 60 about, Occ. Retired R/o. Narayan Nagar, Bangaon, Tehsil Amgaon, District Gondia.

¶33

Bhumeshwari W/o. Duryodhan Funde, Aged 59, Occ. Retired, R/o. Renuka Nagar, Risama, Tehsil Amgaon, District Gondia.

¶34

Parmanad S/o. Kashiram Khobragade, Aged 58 about, Occ. Teacher, R/o. Bhandga, Post Mundipar, At Post Bhadanga, Tah. Goregaon, Dist. Gondia.

¶35

Smt. Lilabai W/o. Ganesh Kolhe, Aged 60 about, Occ. Retired, R/o. At Post Gondia, Tehsil & District Gondia.

¶36

Smt. Krishna W/o. Babulal Choudhary, Aged 59 years, Occ. Retired R/o. At Post Tiroda, Tehsil Tiroda, District Gondia.

¶37

4 27-wp-1247-j.odt

¶38

27.	Anandkumar S/o. Kashinath Ukey
	Aged 59 about, Occ. Retired Teacher, R/o. At Post Chinchgad, Tehsil Deori, District Gondia.
28.	Premlal S/o. Tukaram Shende, Aged 59 about, Occ. Retired Teacher, R/o. At Post Ravanwadi, Tehsil & District Gondia.
29.	Khemchand S/o. Balakchand Diyewar, Aged 59 about, Occ. Retired Teacher, R/o. At Post Thana Road, Goregaon, Tehsil Goregaon, District Gondia.
30.	Bhaskar S/o. Shalikram Gahane, Aged 60, Occ. Retired, R/o. At Post Sadak Arjuni, Tehsil Sadak Arjuni, District Gondia.
31.	Smt. Revabai S/o. Tulshiram Yerane, Aged 57, Occ. Service, R/o. At Post Zilla Parishad School, Yekodi, Tehsil & District Gondia.
32.	Rajanand S/o. Gomaji Vaidya, Aged 57, Occ. Teacher, R/o. At Post Zilla Parishad Boys School, Chutiya Tehsil & District Gondia. . . .PETITIONERS
	//V E R S U S //
1.	State of Maharashtra through its Secretary, Rural Development Department, Mantralaya, Mumbai-400032
2.	The Zilla Parishad, Gondia through its Chief Executive Officer, Address: Zilla Parishad Gondia
3.	The Deputy Chief Account and Finance Officer, Zilla Parishad, Gondia Add: Zilla Parishad Administrative Building, Patanga Maidan, Fulchur Road, Second Floor, District Gondia.

¶39

5 27-wp-1247-j.odt

¶40

The Education Officer (Primary), Zilla Parisahd, Gondia Add: Zilla Parishad Administrative Building, Patanga Maidan, Fulchur Road, Second Floor, District Gondia.

¶41

. . . RESPONDENTS

¶42

Shri Sanket A. Walde, Advocate for appellants. Shri Shri J. Y. Ghurde, AGP for respondent no. 1/State. Mrs. Meghna Munshi, Advocate for respondent nos. 2 to 4.

¶43

CORAM :- AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

¶44

DATED :- 20.02.2025

¶45

ORAL JUDGMENT (Per: ABHAY J. MANTRI, J):-

¶46

Rule . Rule made returnable forthwith. Heard finally, with the consent of the learned counsel for the parties.

¶47

The petitioners are Class-III and IV employees of Zilla Parishad, Gondia. They are aggrieved by the action taken by the Zilla Parishad to recover the amount towards the alleged over-payment made to them and the non-submission of the MS-CIT certificate. Since such recovery is sought to be made after their retirement, and as it is their case that, they were not responsible for such over-payment in any manner whatsoever. The petitioners relied upon the judgment of the Hon’ble Apex Court in State of Punjab Vs. Rafiq Masih (White Washer) [(2015) 4 SCC 334] ) was also followed by this Court in Shyamrao S/o. Dasram Channe and others Vs. State of Maharashtra and others (Writ Petition

¶48

6 27-wp-1247-j.odt

¶49

No. 2442/2021, decided on 15.03.2022) and Government Resolution dated 26.02.2019. Therefore, the petitioners urged for allowing the petition as prayed for.

¶50

Mrs. Munshi, learned counsel for respondent nos. 2, 3 and 4 and learned AGP for respondent no. 1/State, has not disputed the law laid down in the above-referred decisions and facts of the case. However, it has been submitted that the case at hand is covered by the above decisions.

¶51

It is undisputed that the petitioners are Class-III and IV employees of Zilla Parishad, Gondia. Some are retired, and some are on the verge of retirement. It is not the case of the Zilla Parishad that petitioners provided fraudulent or deliberately incorrect information to get the benefits. However, by the impugned letters/communications, respondents were directed to recover the over-payments made to them for non-submission of the certificate of the MS-CIT. The learned counsel

¶52

for the petitioners canvassed that such recovery after retirement was utterly illegal and contrary to the Government Resolution and mandate in Rafique Masih’s case.

¶53

Considering the above submissions and the facts of the case, we find that the petitioners are similarly situated to the employees

¶54

at whose behest W.P. No. 2442/2021 had been filed. Thus, we are of the

¶55

7 27-wp-1247-j.odt

¶56

opinion that the impugned action of recovery of the over-payments made to the petitioners after their retirement and withholding the service benefits by the respondents are contrary to the mandate laid down in the decision in the case of Rafiq Masih (supra). In view of this, the petitioners would be entitled to the relief as prayed for. Hence, the Writ Petition is allowed in terms of prayer clause nos. (i),(ii) and (iii).

¶57

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)

¶58

RR Jaiswal

¶59

Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 26/02/2025 10:52:45

Parties & counsel

AI extract

petitioner
Sanjiv Kumar S/o. Liladhar Bisen¶5
Sanket A. Walde
petitioner
Anand Kumar S/o. Rajmal Shende¶6
Sanket A. Walde
petitioner
Smt. Asha W/o. Ravikant Lanjewar¶9
Sanket A. Walde
petitioner
Tarunkumar S/o. Bakaram Waghmare¶10
Sanket A. Walde
petitioner
Phagu S/o. Kondu Kore¶11
Sanket A. Walde
petitioner
Naresh S/o. Raghunath Brahmankar¶12
Sanket A. Walde
petitioner
Prakash S/o. Aasharam Sapate¶15
Sanket A. Walde
petitioner
Yadorao S/o. Ishwar Bisen¶16
Sanket A. Walde
petitioner
Devimala W/o. Parmanand Patle¶18
Sanket A. Walde
petitioner
Dnyneshwar S/o. Ganpat Kapgate¶19
Sanket A. Walde
petitioner
Anil S/o. Nilkanthrao Kharalkar¶20
Sanket A. Walde
petitioner
Dharmraj S/o. Nanaji Yede¶21
Sanket A. Walde
petitioner
Digambar S/o. Isharam Katre¶22
Sanket A. Walde
petitioner
Arvind S/o. Gopalji Kapgate¶23
Sanket A. Walde
petitioner
Yuvraj S/o. Bhaiyalal Bisen¶24
Sanket A. Walde
petitioner
Chandrashekhar S/o. Gopichand Jambhulkar¶25
Sanket A. Walde
petitioner
Narendra S/o. Laxman Thakur¶26
Sanket A. Walde
petitioner
Parashar Chaitram Tembhare¶28
Sanket A. Walde
petitioner
Vasantrao S/o. Aasaram Bisen¶29
Sanket A. Walde
petitioner
Sudhram S/o. Parasram Rahangdale¶30
Sanket A. Walde
petitioner
Padmakar S/o. Shriram Tambhurne¶31
Sanket A. Walde
petitioner
Anandrao S/o. Maroti Meshram¶32
Sanket A. Walde
petitioner
Bhumeshwari W/o. Duryodhan Funde¶33
Sanket A. Walde
petitioner
Parmanad S/o. Kashiram Khobragade¶34
Sanket A. Walde
petitioner
Smt. Lilabai W/o. Ganesh Kolhe¶35
Sanket A. Walde
petitioner
Smt. Krishna W/o. Babulal Choudhary¶36
Sanket A. Walde
petitioner
Anandkumar S/o. Kashinath Ukey¶38
Sanket A. Walde
petitioner
Premlal S/o. Tukaram Shende¶38
Sanket A. Walde
petitioner
Khemchand S/o. Balakchand Diyewar¶38
Sanket A. Walde
petitioner
Bhaskar S/o. Shalikram Gahane¶38
Sanket A. Walde
petitioner
Smt. Revabai S/o. Tulshiram Yerane¶38
Sanket A. Walde
petitioner
Rajanand S/o. Gomaji Vaidya¶38
Sanket A. Walde
respondent
State of Maharashtra through its Secretary, Rural Development Department, Mantralaya, Mumbai-400032¶38
J. Y. Ghurde
respondent
The Zilla Parishad, Gondia through its Chief Executive Officer¶38
Meghna Munshi
respondent
The Deputy Chief Account and Finance Officer, Zilla Parishad, Gondia¶38
Meghna Munshi
respondent
The Education Officer (Primary), Zilla Parisahd, Gondia¶40
Meghna Munshi

Coram

AI extract

AVINASH G. GHAROTEmember¶43
ABHAY J. MANTRIauthor¶45

Sanjiv Kumar S/O Liladhar Bisen and Others v. State of Maharashtra, Thr. Secretary, Rural Development Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Sanjiv Kumar S/O Liladhar Bisen and Others v. State of Maharashtra, Thr. Secretary, Rural Development Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ku. Vinita Mahadeorao Sonkusre (After Marriage Vinita Nivrutti Gadikar) vs the State of Maha., Thr. Secretary, Ministry of School Education, Mumbai and Others

The Blind Relief Association Nagpur, Thr. Its Secretary and Others vs State of Maharashtra, Thr. Its Secretary, Persons With Disabilities Welfare Dept., Mumbai and Ors.

Prof. Sanjay S/O Krushnarao Fulkar and Others Vs State of Maharashtra, Thr. Secretary, Social Justice and Special Assistance Dept., Mumbai and Ors.

Bhanudas S/O Narayan Kute vs the State of Maharashtra, through Its Secretary, Dept. of Education, Mumbai and Others

Jolly v. Paul vs the State of Maharashtra, Thr. Secretary, Department of Energy, Mumbai and Others

The Commissioner of Customs, Nagpur Commissionerate, Nagpur vs M/S. Al Udai Exim Llp, a Limited Liability Partnership, Lucknow, (U.P.)