IMPORTANT POINT
Recovery of excess payments from retired employees is impermissible unless there is evidence of fraud or misrepresentation, and incentives granted for specific service conditions do not constitute sanctioned pay for the purpose of pension calculations.

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 -Gondia on 27/11/1998. He was promoted from time to time. He was promoted as Deputy Accountant/Sub Treasury Officer (Lower Grade) with effect from 11/01/2010 by the respondent 5. Thereafter, the petitioner was transferred from Collector Office, Gadchiroli to Sub-Treasury Office, Amgaon, District Gondia, where he served from January-2012 to June-2015. Thereafter, he was transferred from Sub-Treasury Office, Amgaon, District Gondia to District Treasury-District Gondia, where he served from 1/7/2015 to 31/10/2018 and he was superannuated as Deputy Accountant/Sub Treasury Officer (Lower Grade) from the office of District Treasury-District Gondia on 31/10/2018. The post of Deputy Accountant/Sub Treasury Officer (Lower Grade) is Class "C" post Thus, the petitioner had worked with respondent in Naxalite and Tribal Area i.e. Gadchiroli and Gondia District throughout his service tenure.

5. Respondent 1 issued a Government Resolution dated 06. 08.2002, whereby special benefits are declared by the respondent 1 for the Government Servants, who are posted in Gadchiroli District including the extension of benefits of "One step Higher Pay scale" to such Government servants. The Petitioner served the respondents in various capacities as Junior Clerk, Senior Clerk and Deputy Accountant from the year 1998 till the date of his retirement i.e. 31/10/2018 in Gadchiroli and Gondia District, which are Naxalite and Tribal areas and therefore, he was paid "One Step Higher Pay"in view of the guidelines issued as per Government Resolution dtd. 6/8/2002 and his pay was accordingly fixed.

6. The petitioner has received "One Step Higher Pay" for the post of Deputy Account in Basic Pay of Rs.11010.00 + 4400/- = Rs.15410.00 as on 11/1/2010 and same came to be revised from time to time by the respondents while working in Gadchiroli and Gondia District till the date of his retirement. The said Government Resolution nowhere stipulates that the extension of benefits of "One Step Higher Pay" applicable to the next higher post should be recovered from concerned government servant at any point of time. The petitioner has not received the said benefit by a way of playing misrepresentation or fraud on the respondents. The petitioner had no knowledge that the aforesaid benefits received by him was in excess of what was due or wrongly paid.

7. Respondent l had issued a Government Resolution dtd. 17/12/2013 that the proposal is pending before the respondent 1 regarding revision of benefits in view of recommendation of VIth pay Commission extended to the Government Servants as per Government Resolution dtd. 6/8/2002 and no decision has been taken so far in that regard. Therefore, during the pendency of the said decision, it is directed that, an amount of benefit of pay scale along with pay band r