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2021 Supreme(Bom) 1714

RAVINDRA V.GHUGE, S.G.MEHARE
Ananda S/o Vikram Baviskar – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. B. Pulkundwar
For the Respondent: S. R. Dheple

JUDGMENT :

RAVINDRA V. GHUGE, J.

Rule. Rule made returnable forthwith and heard finally by consent of the parties.

2. The petitioner has put-forth prayer clauses (B) and (C) as under :

    “B. By Writ of Certiorari or by appropriate like nature or by appropriate orders and directions, the impugned order dated 4-6-2018 passed by the respondent No. 3 against the petitioner in regards to Recovery of excess amount may kindly be quashed and set aside.

C. By issuance of appropriate Writ like nature or by appropriate orders and directions, the respondent No. 2 to 5 kindly be directed to refund excess recovered amount, with 8% interest to the petitioner and for that purpose this Hon’ble High Court may kindly be passed necessary orders, for that purpose this Hon’ble Court may pass appropriate orders.”

3. The petitioner has retired as a graded headmaster on 31-5-2018. He joined on 14-3-1984. He was a beneficiary of the 5th pay commission recommendations given effect to from 1-1-1996. Admittedly, while calculating his pay scale, there was a slight mistake and as a consequence of which, the petitioner earned excess amount during the period of the applicability of the 5th pay commission recommendations.

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