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2024 Supreme(Bom) 251

RAVINDRA V. GHUGE, Y. G. KHOBRAGADE
Vd. Ganesh Sitaram Magar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: S.S. Wagh, S.T. Shelke.
For the Respondents: S.B. Narwade, K.N. Lokhande.

JUDGMENT :

Y.G. KHOBRAGADE, J.

1. Rule. Rule Made returnable forthwith and heard finally with the consent of the parties.

2. By the present Petition under Article 226 of the Constitution of India, the Petitioner has put forth prayer clause (B) as under:

    “(B) Issue a Writ of Certiorari or a Writ in the nature of Certiorari or a direction in the like nature for quashing the recovery of Rs. 8,43,782/- from the amount of Gratuity and Pension as detailed in the Gratuity Payment Order dated 05.03.2021 at Exh. D and direct the respondents to make Gratuity Payment of Rs. 7 lakhs to the Petitioner.”

3. In short, the grievance of the Petitioner is that, he completed BAMS, M.D. (Ayurveda- Rasshastra). On 21-07-1997, he had joined Respondent No. 5 College as a Lecturer. He was promoted to the post of Professor on 01.07.2000 and superannuated on 30.06.2019 as he attained 60 years of age. However, after retirement, he was served with a notice dated 18.12.2020 issued by Respondent No. 5 thereby directed recovery of Rs. 8,43,782/- (Rs. 6,60,810/- on account of wrong pay fixation, allowances + Rs. 1,82,792/- towards other recovery).

4. Respondent Nos. 4 and 5 have contended that, as per GR dated 08.09.20

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