DYANESHWAR RAMBHAU MANDEKAR vs ZILLA PARISHAD, AKOLA THR. ITS CHIEF EXECUTIVE OFFICER AND ORS. — WP/6637/2023

Case under Service Matter Section 226. Next hearing: 08th May 2026.

CNR: HCBM040271992023

Next Hearing

08th May 2026

Filing Number

WP/19286/2023

Filing Date

25-09-2023

Registration No

WP/6637/2023

Registration Date

29-09-2023

Judge

HON'BLE SMT. JUSTICE M. S. JAWALKAR , HON'BLE SHRI JUSTICE NANDESH SHANKARRAO DESHPANDE

Coram

HON'BLE SMT. JUSTICE M. S. JAWALKAR , HON'BLE SHRI JUSTICE NANDESH SHANKARRAO DESHPANDE

Bench Type

Division

Category

APPOINTMENT OF CONSTITUTIONAL FUNCTIONARIES ( 3 )

Sub-Category

OTHERS ( 99 )

Judicial Branch

Civil

Acts & Sections

Service Matter Section 226
The Maharashtra Zilla Parishads and Panchayat Samitis Act,1961
Mah. Civil Services Pension Rules
Constitution of India

Petitioner(s)

DYANESHWAR RAMBHAU MANDEKAR

Adv. ANUP SHANKAR DHORE,YASH SANJAY BANGALE,YASH SANJAY BANGALE, ,KARAN DEEPAK BHENDE,YASH SANJAY BANGALE

Respondent(s)

ZILLA PARISHAD, AKOLA THR. ITS CHIEF EXECUTIVE OFFICER AND ORS.

Adv. ,ANKUSH M. TIRUKH 1123

EDUCATION OFFICER (PRIMARY), ZILLA PARISHAD, AKOLA

DEPUTY CHIEF ACCOUNTS AND FINANCE OFFICER, ZILLA PARISHAD, AKOLA

BLOCK DEVELOPMENT OFFICER, PANCHAYAT SAMITI, BARSHITAKLI, AKOLA

Hearing History

Judge: HON'BLE SMT. JUSTICE M. S. JAWALKAR , HON'BLE SHRI JUSTICE NANDESH SHANKARRAO DESHPANDE

06-10-2023

FRESH ADMISSION (CIVIL SIDE MATTERS)

30-01-2026

FOR ADMISSION-SERVICE MATTERS

14-01-2026

FOR ADMISSION-SERVICE MATTERS

04-09-2024

FOR ADMISSION - CIRCULATED MATTERS (CIVIL SIDE MATTERS)

08-03-2024

FOR ORDERS

Orders

08-05-2026
HON'BLE SMT. JUSTICE M. S. JAWALKAR,HON'BLE SHRI JUSTICE NANDESH SHANKARRAO DESHPANDE

Case Summary: WP/6637/2023 Outcome: Petition allowed. The Nagpur Bench of Bombay High Court quashed recovery orders dated 01.06.2023 and 22.06.2023 directing deduction of Rs. 2,04,542 from retired teacher Dnyaneshwar Mandekar's gratuity for alleged excess payments. The court ordered respondents to return any deducted amount within four weeks and pay full gratuity/retiral benefits without deductions. Key Finding: Recovery was impermissible under Supreme Court precedent because: (1) petitioner was Class III employee; (2) petitioner had already retired; (3) excess payment allegedly made 7+ years prior to recovery order; and (4) no fraud/misrepresentation by petitioner established. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Case Summary: WP/6637/2023 Outcome: Petition allowed. The Nagpur Bench of Bombay High Court quashed recovery orders dated 01.06.2023 and 22.06.2023 directing deduction of Rs. 2,04,542 from retired teacher Dnyaneshwar Mandekar's gratuity for alleged excess payments. The court ordered respondents to return any deducted amount within four weeks and pay full gratuity/retiral benefits without deductions. Key Finding: Recovery was impermissible under Supreme Court precedent because: (1) petitioner was Class III employee; (2) petitioner had already retired; (3) excess payment allegedly made 7+ years prior to recovery order; and (4) no fraud/misrepresentation by petitioner established. This case analysis is maintained by casestatus.in based on publicly available court records.

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