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ROHIT B. DEO, V. V. JOSHI
Manohar Jairam Sonewane – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
VRUSHALI V.JOSHI, J. - Heard.
2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.
3. By way of the present writ petition, the petitioner is challenging the Judgment and order dtd. 28/07/2022 passed by Maharashtra Administrative Tribunal, Nagpur in Original application No. 285 of 2020. The petitioner is also challenging the order dtd. 13/5/2020 issued by the respondent 5-District Treasury Officer, Amgaon, Dist.Gondia, whereby the respondent-5 is intending to recover the excess payment amounting to Rs.5, 38, 069.00 and is also challenging the revised pay fixation order dtd. 30/7/2019 issued by respondent 5 reducing "One Step Higher Pay" of the petitioner and retrospectively with effect from 11/01/2010 thereby adversely affecting the extended benefit of "One Step Higher Pay" of the petitioner and the communication dtd. 14/08/2019 along with Annexure issued by respondent 5 showing the Statement of Fixation of pay of the petitioner by considering the "Newly Revised One Step Higher Pay" instead of "One step Higher Pay".
4. The petitioner was appointed as Junior clerk in SubTreasury Office, Goregaon, District -G
(1) Recovery – Any decision taken by State Government to reduce an employee’s pay scale and recover excess amount cannot be applied retrospectively and that too after a long time gap.(2) Any step of ....
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The main legal point established in the judgment is the entitlement of the higher pay scale of Rs.2000-3500 for the petitioners based on completion of 9 years of service and the promotional post of C....
Recovery of excess payment from employees must adhere to principles of natural justice and cannot be made after an unreasonable delay, especially for Class-3 employees.
The main legal point established in the judgment is the entitlement of higher pay scale for Child Development Project Officers based on the 1983 Recruitment Rules and the 16.08.1984 Government Resolu....
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