1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3180 OF 1994 1 Ambadas s/o Janardhan Jaiwal, age: major, Occ: Service, R/o Aurangabad. 2 Ramesh s/o Narayan Chandanse, age: major, Occ: Service, R/o Aurangabad. 3 B.S.Waghmare, age: major, Occ: Service, R/o Aurangabad. Petitioners Versus 1 The State of Maharashtra 2 Zilla Parishad, Aurangabad. 3 The Chief Executive Officer, Zilla Parishad, Aurangabad. 4 Collector, Aurangabad, District Aurangabad. 5 Deputy Engineer, Zilla Parishad, Khultabad, Aurangabad. Respondents WITH WRIT PETITION NO.102 OF 1995 1 V.M.Girdhari, 2 D.R.Khajindar, 2 3 D.B.Kawade, 4 K.K.Gadave, 5 P.D.Nimbalkar, 6 G.M.Hapat, 7 S.P.Deomali, 8 B.K.Pawar, 9 R.P.Shinde, 10 Sk.Shabbir Sk.Noor Mohd., 11 A.J.Gawali, 12 A.D.Kakde, 13 D.G.Pardeshi, 14 Tulshiram s/o Sonaji Nachan, 15 Jalil Sk.Ahmed, 16 Vilas Kesharlal Jain, 17 Khushal Jagnnath Deohate, 18 Dattatraya Ambadas Mhaske, 19 Bhalchand Munna Pawar, 20 Ashok Babanrao Joshi, 21 Arun Keshavrao Jadhav, 22 Radhakishan Vithalrao Gadhekar, 23 Suresh Keshavrao Wagh, 3 24 Kapurchand Bisan Rajput, 25 Bhimrao Rangnath Salpure, 26 Raju Vinayak Bhadne, 27 N.R.Jogdande, 28 B.N.Thombre, All are major, Occ: service, R/o Aurangabad. Petitioners Versus 1 The State of Maharashtra 2 Zilla Parishad, Aurangabad. 3 The Chief Executive Officer, Zilla Parishad, Aurangabad. 4 Collector, Aurangabad, District Aurangabad. 5 Executive Engineer (Irrigation), Zilla Parishad, Aurangabad. Respondents Smt.A.B.Dube-Bajpai, advocate holding for Mrs.S.A.Dhumal, advocate for the petitioners. Mrs.R.K.Ladda, A.G.P. for Respondents No.1 & 4. Mr.P.S.Pawar, advocate for Respondents No.2 & 3. CORAM: B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 2 nd July, 2010. 4 ORAL JUDGMENT (Per S.V.Gangapurwala, J.): 1 Both the petitions involve common questions of fact and as such, are decided by this common judgment. 2 In the present petitions, petitioners seek direction that bonus should be paid to them for the year 1994-95 and to quash and set aside the notice dated 06.07.1994, by virtue of which, the amount of bonus, which was already paid to them, was sought to be recovered. 3 Petitioners are appointed as Muster Assistants and subsequently brought in the pay scale of Rs.750-940 with effect from 01.10.1988. Petitioners were even getting travelling allowance and bonus, however, vide notice dated 06.07.1994, the amount of bonus, which was already paid to them, was sought to be recovered. 4 The payment of bonus and travelling allowance is made by the respondents on their own volition. No overt acts are attributed to the petitioners. In view of the judgment of the Apex Court in the case of Syed Abdul Qadir and others Vs. State of Bihar and others, reported in (2009) 3 SCC 475, when the payment has already been made and if same is not made on account of misrepresentation or fraud of the employee, then, in such circumstances, recovery of the payment cannot be allowed on the ground of equity. 5 In view of the Government Resolution of the year 1995, petitioners would have been absorbed either on Government establishments or on other establishments and they would be governed by the service 5 conditions applicable thereto. In these circumstances, no further orders are required as far as payment of bonus is concerned. 7 In the light of above, we allow the petitions partly in terms of prayer clause (B) only. However, there shall be no order as to costs. Pending Civil Applications do not survive and stand disposed of. (S.V.GANGAPURWALA) (B.R.GAVAI) JUDGE JUDGE ******* adb/wp318094