Smt. Vibha Kankanwadi, J.

1. Rule. Rule made returnable forthwith and heard learned advocates for the parties appearing finally, by consent.

2. The question of recovery of amount from retirement benefits of a Class - III and Class – IV employee of the Government, after their retirement was the subject matter in many cases. Some of the cases have been decided by this Court and law has been crystallized by Apex Court. In spite of the same, the subject matter is cropping up again and again. In this case also the same subject matter is involved. Both the petitioners have invoked the jurisdiction of this Court under Article 14, 16 and 226 of the Constitution of India in order to challenge the recovery of amount from the gratuity amount, under the orders of respondent No.2.

3. Both the petitioners, after passing the training of Auxiliary Nurse Midwife were appointed on that post. The petitioner in Writ Petition No. 4616 of 2016 came to be appointed with Zilla Parishad, Aurangabad on 07-02-1989 and she joined duty on 14-02-1989. Whereas petitioner in Writ Petition No. 4624 of 2016, came to be appointed on 24-01-1983 at Primary Health Center, Jarandi Tq. Soygaon Dist. Aurangabad. Th