9.WP.12342.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 12342 OF 2026 Kailas Maruti Kamble ...Petitioner Versus The State of Maharashtra and Others ...Respondents ***  Mr. Murge Estling S., Advocate for the Petitioner.  Mr. S. K. Tambe, Addl. GP for Respondent – State.  Mr. B. B. Bhise, Advocate for Respondent Nos.2 to 5. *** CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 16th SEPTEMBER 2026. PER COURT : 1. Indisputably, the issue raised in this writ petition is squarely covered by the decision of this Court in Writ Petition No.10314 of 2023 to which one of us (Nitin B. Suryawanshi, J.) was a party. 2. For the reasons stated in the said order, writ petition is allowed. The impugned order of recovery dated 10th April 2026, directing recovery from the pensionary benefits of the Petitioner, is hereby quashed and set aside. Respondent Nos.2 to 5 are directed to refund the amount of 3,04,677/- to the Petitioner within a period of ₹ twelve weeks from the date of receipt of a copy of this order. Shrikant Malani 2026:BHC-AUG:42979-DB 9.WP.12342.2026.doc 3. The consequential pensionary benefits to which the petitioner is entitled shall also be released in favour of the petitioner. ( ABASAHEB D. SHINDE, J. ) ( NITIN B. SURYAWANSHI, J. ) Shrikant Malani