1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CIVIL APPLICATION (W) NO: 921/2009 IN WRIT PETITION NO: 3510/2008 (Union of India and another vs. Manik Ramaji Kamble ) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 23rd April, 2009. *** 1. Heard Mr M M Sudame, learned counsel for the petitioners/applicants and Mr M W Harsulkar, learned Advocate for Respondent. 2. Civil Application No.921/2009 is moved by the petitioners seeking early hearing of the Petition. In view of the old writ petitions pending for final hearing, it is not possible for us to grant out of turn hearing to the petitioner; hence Application is rejected, 3. Counsel for the petitioners has submitted that the Writ Petition is directed against the order passed by the Tribunal whereby the petitioners are directed not to make recovery of 2 the amount towards salary paid in excess of the amount due and payable. Counsel for the petitioners states that the outstanding amount by way of 25 installments has already been recovered and prayed that during the pendency of the petition, the petitioner may be permitted to recover balance amount, subject to result of the petition. 4. Counsel for the respondent has opposed the request of the petitioners and submitted that the petitioners are not entitled to recover the amount and the decision of the Tribunal is just and fair. 5. In the circumstances, we direct the petitioners not to recover further amount; however, the amount which is already recovered by the petitioners, the entitlement thereof shall be decided at the time of hearing of the Writ Petition. JUDGE JUDGE sahare