BALIRAM SAKHARAMJI KADAM vs THE STATE OF MAHARASHTRA THROUGH THE PRINCIPLE SECRETARY AND OTHERS — WP/751/2024

Case under Constitution of India Section 226 AND 227. Disposed: Contested--DISPOSED OFF on 06th May 2026.

CNR: HCBM030007452024

CASE DISPOSED

Filing Number

WP/552/2024

Filing Date

05-01-2024

Registration No

WP/751/2024

Registration Date

17-01-2024

Judge

HON'BLE SHRI JUSTICE N. B. SURYAWANSHI , HON'BLE JUSTICE VAISHALI PATIL-JADHAV

Coram

HON'BLE SHRI JUSTICE N. B. SURYAWANSHI , HON'BLE JUSTICE VAISHALI PATIL-JADHAV

Bench Type

Division

Category

SERVICE MATTERS OTHER THAN ID ACT AND RELATED ENACTMENT ( 35 )

Sub-Category

OTHER ( 99 )

Judicial Branch

Civil

Decision Date

06th May 2026

Nature of Disposal

Contested--DISPOSED OFF

Acts & Sections

Constitution of India Section 226 AND 227
Payment of Gratuaty Act 1972

Petitioner(s)

BALIRAM SAKHARAMJI KADAM

Adv. KURUNDKAR SUNIL V.

Respondent(s)

THE STATE OF MAHARASHTRA THROUGH THE PRINCIPLE SECRETARY AND OTHERS

Adv. AGP for R. No. 1 (waives).,R. Nos. 2 to 4 are served,,NAVANDAR MANISH N. FOR R/2 TO 4 1123

THE VICE CHANCELLOR VASANTRAO NAIK MARATHWADA AGRICULTURE UNIVERSITY PARBHANI

THE REGISTRAR VASANTRAO NAIK MARATHWADA AGRICULTURE UNIVERSITY PARBHANI

THE DIRECTOR EXTENSION EDUCATION VASANTRAO NAIK MARATHWADA AGRICULTURE UNIVERSITY PARBHANI

Hearing History

Judge: HON'BLE SHRI JUSTICE N. B. SURYAWANSHI , HON'BLE JUSTICE VAISHALI PATIL-JADHAV

22-01-2024

PETITIONS FOR ADMISSION - FRESH CIVIL SIDE MATTERS

13-02-2025

DUE ADMISSION CIVIL

19-12-2024
26-02-2024

PETITIONS FOR ADMISSION - FRESH CIVIL SIDE MATTERS

Orders

06-05-2026
HON'BLE SHRI JUSTICE N. B. SURYAWANSHI,HON'BLE JUSTICE VAISHALI PATIL-JADHAV

The High Court of Bombay (Aurangabad Bench) allowed three consolidated writ petitions filed by employees of Vasantrao Naik Marathwada Agriculture University seeking refunds of amounts recovered by the university. The court held that the petitioners' cases were covered by established precedents—including the Supreme Court's Jogeshwar Sahoo decision—which prohibit recovery from Class III and Class IV service employees where excess payments were made by employers. The court rejected the university's reliance on the Jagdev Singh judgment, finding it inapplicable, and granted the petitions with orders to refund the disputed amounts totaling approximately Rs. 2.62 lakhs with interest. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

The High Court of Bombay (Aurangabad Bench) allowed three consolidated writ petitions filed by employees of Vasantrao Naik Marathwada Agriculture University seeking refunds of amounts recovered by the university. The court held that the petitioners' cases were covered by established precedents—including the Supreme Court's Jogeshwar Sahoo decision—which prohibit recovery from Class III and Class IV service employees where excess payments were made by employers. The court rejected the university's reliance on the Jagdev Singh judgment, finding it inapplicable, and granted the petitions with orders to refund the disputed amounts totaling approximately Rs. 2.62 lakhs with interest. This case analysis is maintained by casestatus.in based on publicly available court records.

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