1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2660 OF 2005 WRIT PETITION NO.2660 OF 2005 WRIT PETITION NO.2660 OF 2005 Mr. Subhash Hastimal Gulecha ...Petitioner Mr. Subhash Hastimal Gulecha ...Petitioner Mr. Subhash Hastimal Gulecha ...Petitioner Vs. Vs. Vs. The State of Maharashtra & Ors ...Respondents The State of Maharashtra & Ors ...Respondents The State of Maharashtra & Ors ...Respondents ----- ----- ----- Ms. Karnik Adv. for Petitioner Ms. Karnik Adv. for Petitioner Ms. Karnik Adv. for Petitioner Ms. S. Bhende, A.G.P. for Respondents Ms. S. Bhende, A.G.P. for Respondents Ms. S. Bhende, A.G.P. for Respondents CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. DATED: 18TH NOVEMBER, 2005 DATED: 18TH NOVEMBER, 2005 DATED: 18TH NOVEMBER, 2005 P.C. P.C. P.C. 1. Rule. Heard forthwith. 1. Rule. Heard forthwith. 1. Rule. Heard forthwith. 2. Certain facts are not in dispute. Petitioner 2. Certain facts are not in dispute. Petitioner 2. Certain facts are not in dispute. Petitioner is admittedly residing in residential accommodation is admittedly residing in residential accommodation is admittedly residing in residential accommodation made available to him by Respondent No.6 institution. made available to him by Respondent No.6 institution. made available to him by Respondent No.6 institution. The Petitioner is also receiving HRA. Apart from HRA The Petitioner is also receiving HRA. Apart from HRA The Petitioner is also receiving HRA. Apart from HRA Petitioner was receiving TA in terms of reply Petitioner was receiving TA in terms of reply Petitioner was receiving TA in terms of reply affidavit filed by one Ashok Jagannath Sonawane, affidavit filed by one Ashok Jagannath Sonawane, affidavit filed by one Ashok Jagannath Sonawane, Deputy Education Officer (Secondary) Zilla Parishad, Deputy Education Officer (Secondary) Zilla Parishad, Deputy Education Officer (Secondary) Zilla Parishad, Nasik, Dist: Nasik. The Government resolution dated Nasik, Dist: Nasik. The Government resolution dated Nasik, Dist: Nasik. The Government resolution dated 9th May 2003 provides that only those employees who 9th May 2003 provides that only those employees who 9th May 2003 provides that only those employees who are residing in private accommodation within a are residing in private accommodation within a are residing in private accommodation within a distance of 1 Km. from the place of working are distance of 1 Km. from the place of working are distance of 1 Km. from the place of working are entitled to transport allowance. It is further set entitled to transport allowance. It is further set entitled to transport allowance. It is further set out that the said G.R. only applies to the Government out that the said G.R. only applies to the Government out that the said G.R. only applies to the Government employees and not private institutions. employees and not private institutions. employees and not private institutions. 2 3. The contention of the Petitioner is that the 3. The contention of the Petitioner is that the 3. The contention of the Petitioner is that the orders making recovery from him was passed without orders making recovery from him was passed without orders making recovery from him was passed without hearing and without giving him any opportunity of hearing and without giving him any opportunity of hearing and without giving him any opportunity of being heard. being heard. being heard. 4. Considering the contentions the ends of 4. Considering the contentions the ends of 4. Considering the contentions the ends of justice will be met if the impugned order dated 20th justice will be met if the impugned order dated 20th justice will be met if the impugned order dated 20th December 2004 is set aside and the matter is remanded. December 2004 is set aside and the matter is remanded. December 2004 is set aside and the matter is remanded. In the light of that the communication dated 20th In the light of that the communication dated 20th In the light of that the communication dated 20th December 2004 by the Respondent No.4 and the order December 2004 by the Respondent No.4 and the order December 2004 by the Respondent No.4 and the order dated 4th December 2004 of Respondent No.2 is set dated 4th December 2004 of Respondent No.2 is set dated 4th December 2004 of Respondent No.2 is set aside. aside. aside. 5. Respondent No.2 to give hearing to the 5. Respondent No.2 to give hearing to the 5. Respondent No.2 to give hearing to the Petitioner on the contention as advanced by him and Petitioner on the contention as advanced by him and Petitioner on the contention as advanced by him and thereafter to pass orders according to law. thereafter to pass orders according to law. thereafter to pass orders according to law. 6. The Petitioner will appear before the 6. The Petitioner will appear before the 6. The Petitioner will appear before the Respondent No.2 on 6th December 2005 at 11.00 a.m. Respondent No.2 on 6th December 2005 at 11.00 a.m. Respondent No.2 on 6th December 2005 at 11.00 a.m. for further directions. for further directions. for further directions. 7. Rule made absolute accordingly. No order as 7. Rule made absolute accordingly. No order as 7. Rule made absolute accordingly. No order as to costs. to costs. to costs. (F.I.REBELLO J.) (F.I.REBELLO J.) (F.I.REBELLO J.) 3 (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)