JUDGMENT

Abhay Ahuja, J. - Rule. Rule made returnable forthwith. Heard learned counsel for the parties finally, with consent.

2. Learned counsel Mr. Tandale, appearing for the petitioner submits that by an order dated 04.01.1997 passed by Superintending Engineer, Aurangabad, Irrigation Circle, benefit of time bound promotional pay scale had been granted to the petitioner with effect from 01-01-1996 and accordingly respondent no.2 under its order dated 15-04-1997 had fixed the pay. Subsequently, in 2004 the pay fixation had been done in accordance with the Fifth Pay Commission giving effect to from 01-01-1996. The petitioner had also received benefit of higher pay scale in the meanwhile. However, while the petitioner retired on superannuation on 31-05-2013, a recovery of Rs.77,446/- from the pensionary benefits and gratuity had been directed vide order dated 18-04- 2013 referring to cancellation order dated 24-09-2012 of higher pay scale since an objection was raised by Pay Verification Unit, Aurangabad and pay scale of petitioner had been revised with effect from 01-05-1996. Learned counsel submits that petitioner had been working as a junior clerk in Class-III category, the recovery