IMPORTANT POINTS
(1) Service condition of employees working in various departments is in domain of State Government.
(2) Recovery of benefits flowing from a wrong pay sale is permissible.

JUDGMENT

ASHOK BHUSHAN, J.

1. This appeal has been filed against the judgment of High Court of Bombay dated 18.06.2018 by which writ petition filed by the appellant challenging the order dated 04.12.2014 of Maharashtra Administrative Tribunal has been partly allowed.

2. Brief facts of the case to be noticed for deciding this appeal are: -

2.1. The Government of Maharashtra, Finance Department by resolution dated 01.02.1965 decided to constitute Maharashtra Finance and Accounts Service under the administrative control of the Finance Department. The service included different categories of posts including Class-3 posts. In the District Treasury, there were posts of Senior Clerk as well as Junior Clerk. By resolution dated 28.12.1970 Procedure for recruitment to the post of Senior Clerk was provided for, which also contained one of the modes of appointment on the post of Senior Clerk by promotion of clerks, borne on the establishment of District Treasury.

2.2. By Government resolution dated 08.06.1995, it was provided that employees holding posts in group C and D (previously Class-III and Class-IV) shall be given the pay scale of next promotional post in the promotional hierarchy after completing 12 years of continuous service.

2.3. By Government resolution dated 20.07.2001, the State Government decided to implement under Service Career Development Scheme to State Government Employees. By a subsequent resolution dated 26.10.2004 issued by the Government of Maharashtra, Sanction was accorded to grant the pay scale of Deputy Accountant instead of Senior Clerk to the Treasury/Sub-Treasury Clerks under the control of Directorate of Accounts and Treasuries, who had passed Maharashtra Account Clerk examination and completed 12 years of continuous service.

2.4. In pursuance of the aforesaid resolution, the respondents herein were granted the pay scale of Deputy Accountant from different date beginning from 01.10.1994. All the respondents herein were working as a Junior Clerk in District Treasury at District level who received benefits under Government resolution dated 26.10.2004.

2.5. An Original Application No. 936 of 2005 was filed in the Maharashtra State Administrative Tribunal, Shri Vijay A. Dangat & Others Versus The State of Maharashtra and others. The applicants were working as Senior Clerks/Deputy Accountant, who were directly appointed on the post of Senior Clerk through Staff Selection Board and on passing the prescribed Departmental Accountant examination, they were confirmed as Senior Clerk. The case of Senior Clerk was that the scale of pay now granted to Junior Clerk for the post of Deputy Accountant is not the promotional post for Junior Clerk but is the promotional post for the Senior Clerk as per Rule. They claimed that they should also be granted the higher pay so that the anomaly be set right.

2.6. The Tribunal vide its judgment and order dated 17.11.2006 struck down the Government resolution dated 26.10.2004. Against the judgment of the Tribunal dated 17.11.2006, the writ petition No.946 of 2007 was filed in the High Court. The High Court passed an interim order for staying the order of Tribunal. During the pendency of writ petition, the Government of Maharashtra vide its resolution dated 11.09.2008 withdrew the resolution dated 26.10.2004. The Government thereafter issued a letter dated 06.10.2009 in continuation of resolution dated 11.09.2008 stating that there is no objection to give benefit in connection with service to all related employees and retired employees which benefit shall be given subject to final judgment of the High Court by taking undertaking from the employees that in event the High Court approved the resolution dated 11.09.2008, the employees shall have no objection in recovery of financial benefits payable to the employees from his retirement salary. After the aforesaid order dated 06.10.2009, an undertaking was taken from the respondent and they were continued the benefit which was received by them unde