Rupesh Sudesh Usarbarse and Another v. the State of Maha. Thr. Its Sec. Health Dept. Mantralaya, Mumbai and Others
Case brief
What is this about?
Safai Kamgar heir-ship appointment claim under Lad-Page Committee recommendations refused; employment of petitioner No. 2 obtained on false date of birth (4.3.1964 v. 28.12.1951); compulsory retirement w.e.f. 31.12.2011 vide communication dated 24.7.2014; fraud accepted, excess payment deduction offered (2.2.2015); suppression of earlier rejections (21.3.2016 and 12.5.2021); impugned communication dated 4.4.2018 sustained; writ petition dismissed with Rs. 20,000 costs payable to Raman Science Centre and Planetarium, Nagpur; High Court of Bombay, Nagpur Bench; Writ Petition No. 2508 of 2024; decided 25-02-2025; Coram Avinash G. Gharote & Abhay J. Mantri, JJ.; Counsel: P.S. Sahare for petitioners, A.S. Mehadia for respondent Nos. 2 and 3.
What did the court decide?
Petitioner No. 2 secured employment as Safai Kamgar on the basis of an incorrect/false date of birth (4.3.1964 in place of the actual 28.12.1951), which was brought to the employer's notice by a complaint of her own son and verified as correct; her employment was ended by communication dated 24.7.2014 w.e.f. 31.12.2011, and by her communication dated 2.2.2015 she accepted the severance and offered deduction of the excess payments made to her, thereby accepting that the employment was secured by fraudulent means, with no challenge raised by her to the termination communication.