Case Note & Summary
The matter comprised four writ petitions filed under Article 226 of the Constitution of India before the High Court of Judicature at Bombay, Bench at Aurangabad. The petitioners, who were serving or retired employees of Mahatma Phule Krishi Vidyapeeth, Rahuri, in the capacity of Senior Research Assistants, challenged certain orders/communications issued by the Under Secretary, Government of Maharashtra, Agriculture, Animal Husbandry, Dairy Development Department and Fisheries Department, as well as a circular issued by the respondent University. The impugned orders were dated 30.06.2010, 30.03.2011, 31.05.2013, and 30.06.2014, and the circular was dated 17.08.2010. The petitioners sought writs of certiorari to quash and set aside these orders and the circular, and writs of mandamus directing the respondents not to make any recovery from the salary or retirement benefits received by the petitioners while working on the posts of Senior Research Assistants. In Writ Petition No.5947 of 2020, the petitioner additionally sought a direction for the respondent University to release an amount of Rs.7,35,702 withheld from his retirement benefits. Civil Application No.1278 of 2022 and Civil Application No.5671 of 2022 were filed for impleadment of applicant no.28 and applicant no.29 as petitioners in Writ Petition No.1743 of 2020. The court issued Rule and made it returnable forthwith. The learned Additional Government Pleader waived notice for respondent no.1, and the respective counsel waived notice for respondent no.2 in all writ petitions. The case was reserved on 11 April 2022 and pronounced on 06 May 2022. The available text does not include the final judgment, analysis, or operative directions beyond the issuance of Rule.
Headnote
A) Service Law - Recovery of Salary and Retirement Benefits - Article 226 of Constitution of India - Writ Petitions challenging government orders and circular directing recovery from Senior Research Assistants' salary and retirement benefits - Court issued Rule, made it returnable forthwith, and counsel waived notice; final adjudication not included in available text (Paras 3-4, 8-9, 11-12).
Issue of Consideration
Whether the impugned government orders/communications and circular directing recovery from salary and retirement benefits of Senior Research Assistants are liable to be quashed, and whether the respondents can make such recovery.
Law Points
- Article 226 of Constitution of India
- Writ of Certiorari
- Writ of Mandamus
- recovery from salary and retirement benefits
- quashing of government orders and circular
Case Details
2022 LawText (BOM) (05) 12
Writ Petition No.1743 of 2020 with Civil Application No.1278 of 2022 and Civil Application No.5671 of 2022; Writ Petition No.7248 of 2020; Writ Petition No.5947 of 2020; Writ Petition No.7247 of 2020
R. D. Dhanuka, S. G. Mehare
Mr. V. D. Hon, Senior Advocate instructed by Mr. A. V. Hon for Petitioners; Mr. S. B. Yawalkar, AGP for Respondent No.1; Mr. A. S. Shelke for Respondent No.2 in WP/1743/2020; Mr. M. P. Gude for Respondent No.2 in WP/5947/2020; Mrs. J. P. Reddy for Respondent No.2 in WP/7247/2020 and WP/7248/2020
Dr. Shivaji Tulsiram Pachpute and others (WP 1743/2020); Dr. Badgujar Chintamnarao Doghu and others (WP 7248/2020); Balwant S/o Gopalrao Pawar (WP 5947/2020); Dr. Baban Yuvraj Suryawanshi and others (WP 7247/2020)
The State of Maharashtra, Through the Secretary for Agricultural Department Mantralaya, Mumbai; Mahatma Phule Krishi Vidyapeeth, Rahuri, Tq. Rahuri, Dist. Ahmednagar, through its Registrar
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Nature of Litigation
Writ petitions under Article 226 of Constitution of India challenging government orders and circular directing recovery from salary and retirement benefits of Senior Research Assistants.
Remedy Sought
Petitioners sought quashing of orders/communications dated 30.06.2010, 30.03.2011, 31.05.2013, 30.06.2014 and circular dated 17.08.2010; a writ of mandamus against recovery from salary or retirement benefits; and in WP 5947/2020 release of withheld amount of Rs.7,35,702.
Filing Reason
Respondents sought to recover amounts from salary or retirement benefits of petitioners based on the impugned orders and circular.
Issues
Whether the impugned orders/communications and circular are liable to be quashed.
Whether respondents can recover amounts from salary or retirement benefits of Senior Research Assistants.
Judgment Excerpts
Rule. Rule is made returnable forthwith.
Writ Petition No.1743/2020 is filed by the petitioners under Article 226 of Constitution of India inter alia praying for Writ of Certiorari for quashing and setting aside orders/communications dated 30.06.2010, 30.03.2011, 31.05.2013 and 30.06.2014 annexed at Exhibits-F, H, I and J respectively of the Under Secretary, Government of Maharashtra, Agriculture, animal Husbandry, Dairy Development Department and Fisheries Department and Circular dated 17.08.2010 issued by respondent no.2 Mahatma Phule Agriculture University, Rahuri.
Procedural History
Writ petitions filed in 2020 before the High Court of Judicature at Bombay, Bench at Aurangabad. Civil Application No.1278 of 2022 and Civil Application No.5671 of 2022 filed for impleadment of additional petitioners. Court issued Rule and made it returnable forthwith. Notices waived by counsel for respondents. Matter reserved on 11 April 2022 and pronounced on 06 May 2022.
Acts & Sections
- Constitution of India: Article 226
