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2018 Supreme(Bom) 199

S.S.SHINDE, S.M.GAVHANE
Walmik – Appellant
Versus
State of Maharashtra, Through its Principal Secretary, Finance Department – Respondent


Advocates Appeared:
For the Petitioner:S.B. Solanke, Advocate.
For the Respondents: S.B Yawalkar, Additional Government Pleader.

JUDGMENT :

S.S. Shinde, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

2. This Petition under Article 226 of the Constitution of India, is filed with following prayers:

"(a) By issuing writ of mandamus or any other writ, order or directions in the like nature, this Hon'ble Court may be pleased to direct the respondents no.2 to 5 to refund the amount of Rs.2,24,312/- which is recovered from the Petitioner within stipulated period and for that purpose issue necessary orders. (b) By issuing writ of mandamus or any other writ, order or directions in the like nature, this Hon'ble Court may be pleased to direct the respondent nos.2 to 5 to grant leave encashment for 150 days to the petitioner and for that purpose issue necessary orders."

3. It is contended by the Petitioner that he had worked with Respondent No.5 on the post of Assistant Teacher and he came to be retired due to superannuation, on 28th February, 2013. At the time of preparation of pension proposal of the Petitioner, the authorities found that some amount is paid in excess to the Petitioner due to wrong pay fixation at the hands of the respondent a



























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