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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
R.D. Dhanuka, S.G. Mehare, JJ.
Shivaji Tulsiram Pachpute & Ors. – Appellants
Versus
State of Maharashtra & Ors. – Respondents
Writ Petition No. 1743 of 2020 With Civil Application No. 1278 of 2022 And Civil Application No. 5671 of 2022 And Writ Petition No. 5947 of 2020 And Writ Petition No. 7247 of 2020
Decided On : 06-05-2022
Recovery of Salary - Government Resolution - Senior Research Assistants - [Recovery of Salary] - [Government Resolution] - [Government Resolution dated 01.08.1981, Circular dated 17.08.2010, Judgment of Nagpur Bench in Writ Petition No.2750/1990, Judgment of Aurangabad Bench in case of Popat Pandurang Kadu and Others, Judgment of Aurangabad Bench in case of Ramkrishna s/o Narayan Ghuge] - The court allowed the writ petitions and directed the refund of any amount recovered from the salary or retirement benefits of the petitioners within four weeks from the date of the order, based on the misinterpretation of the judgment of the Nagpur Bench by the respondents and the principles laid down in the judgments of the Aurangabad Bench. The court held that the recovery at a belated stage will not be permitted and the undertaking pressed by the respondents is contrary to the principles laid down by the Hon'ble Supreme Court in the case of State of Punjab and Others Vs. Rafiq Masih (White Washer) and Others.
Fact of the Case:
The petitioners, who were Senior Research Assistants, filed writ petitions under Article 226 of the Constitution of India, seeking Writ of Certiorari for quashing and setting aside orders/communications dated 30.06.2010, 30.03.2011, 31.05.2013, and 30.06.2014, and Circular dated 17.08.2010 issued by respondent no.2 Mahatma Phule Agriculture University, Rahuri. They also prayed for Writ of Mandamus against respondents not to make any recovery from the salary or retirement benefits received by the petitioners while working on the posts of Senior Research Assistants with the respondent no.2-University.
Finding of the Court:
The court found that the recovery at a belated stage will not be permitted and directed the refund of any amount recovered from the salary or retirement benefits of the petitioners within four weeks from the date of the order. The court also held that the undertaking pressed by the respondents is contrary to the principles laid down by the Hon'ble Supreme Court in the case of State of Punjab and Others Vs. Rafiq Masih (White Washer) and Others.
Issues: The issues involved in the case included the misinterpretation of the judgment of the Nagpur Bench by the respondents, the belated recovery of salary, and the validity of the undertaking pressed by the respondents.
Ratio Decidendi: The court's decision was based on the misinterpretation of the judgment of the Nagpur Bench by the respondents and the principles laid down in the judgments of the Aurangabad Bench. The court also considered the belated recovery of salary and held that it will not be permitted. Additionally, the court found the undertaking pressed by the respondents to be contrary to the principles laid down by the Hon'ble Supreme Court.
Final Decision: The court allowed the writ petitions and directed the refund of any amount recovered from the salary or retirement benefits of the petitioners within four weeks from the date of the order. The rule was made absolute in the aforesaid terms.
JUDGMENT
R.D. Dhanuka, J. - Rule. Rule is made returnable forthwith.
2. Mr. Yawalkar, learned Addl. G.P. for respondent no.1 in all Writ Petitions waives notice. Mr. Shelke, learned counsel for respondent no.2 in WP/1743/2020 waives notice. Mr. Gude, learned counsel for respondent no.2 in WP/5947/2020 waives notice. Mrs. Reddy, learned counsel for respondent no.2 in WP/7247/2020 and WP/7248/2020 waives notice.
3. Writ Petition No.1743/2020 is filed by the petitioners under Article 226 of Constitution of India inter alia praying for Writ of Certiorari for quashing and setting aside orders/communications dated 30.06.2010, 30.03.2011, 31.05.2013 and 30.06.2014 annexed at Exhibits-F, H, I and J respectively of the Under Secretary, Government of Maharashtra, Agriculture, animal Husbandry, Dairy Development Department and Fisheries Department and Circular dated 17.08.2010 issued by respondent no.2 Mahatma Phule Agriculture University, Rahuri.
4. The petitioners have also prayed for Writ of Mandamus against respondents not to make any recovery from the salary or otherwise the retirement benefits received by the petitioners while working on the posts of Senior Research Assistants with the respondent no.2-University.
5. Civil Application No.1278/2022 is filed by the applicants inter alia praying for impleadment of the applicant no.28 as petitioner no.28. Civil Application No.5671/2022 is filed by the applicants inter alia praying for impleadment of applicant no.29 as petitioner no.29.
6. Writ Petition No.7248/2020 is filed by the petitioners under Article 226 of Constitution of India inter alia praying for Writ of Certiorari for quashing and setting aside orders/communications dated 30.06.2010, 30.03.2011, 31.05.2013 and 30.06.2014 annexed at Exhibits-F, H, I and J respectively of the Under Secretary, Government of Maharashtra, Agriculture, animal Husbandry, Dairy Development Department and Fisheries Department and Circular dated 17.08.2010 issued by respondent no.2 Mahatma Phule Agriculture University, Rahuri.
7. The petitioners have also prayed for Writ of Mandamus against respondents not to make any recovery from the salary or otherwise the retirement benefits received by the petitioners while working on the posts of Senior Research Assistants with the respondent no.2-University.
8. Writ Petition No.5947/2020 is filed by the petitioner under Article 226 of Constitution of India inter alia praying for Writ of Certiorari for quashing and setting aside orders/communications dated 30.06.2010, 07.09.2019, 30.03.2011, 31.05.2013 and 30.06.2014 annexed at Exhibits-F, H, I, J and K respectively of the Under Secretary, Government of Maharashtra, Agriculture, animal Husbandry, Dairy Development Department and Fisheries Department and Circular dated 17.08.2010 issued by respondent no.2 Mahatma Phule Agriculture University, Rahuri.
9. The petitioner has also prayed for Writ of Mandamus against respondents not to make any recovery from the salary or otherwise the retirement benefits received by the petitioner while working on the post of Senior Research Assistant with the respondent no.2-University and further seeks order and direction against respondent no.2-University to forthwith release the amount of Rs.7,35,702/- withheld from the retirement benefits of the petitioner.
10. Writ Petition No.7247/2020 is filed by the petitioners under Article 226 of Constitution of India inter alia praying for Writ of Certiorari for quashing and setting aside orders/communications dated 30.06.2010, 30.03.2011, 31.05.2013 and 30.06.2014 annexed at Exhibits-F, I, J and K respectively of the Under Secretary, Government of Maharashtra, Agriculture, animal Husbandry, Dairy Development Department and Fisheries Department and Circular dated 17.08.2010 issued by respondent no.2 Mahatma Phule Agriculture University, Rahuri.
11. The petitioners have also prayed for Writ of Ma
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The court established that the petitioners were entitled to the higher pay scale as per the Government Resolutions and that the recovery initiated by the respondents was unjust, illegal, and arbitrar....
The recovery of excess payment made to pensioners after retirement would be impermissible if it would be iniquitous, harsh, or arbitrary. Additionally, a circular issued by an officer of the State mo....
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