2025:BHC-AUG:27016-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 10931 OF 2024

Motiram S/o. Laxman Pendor, Age. 60 years, Occ. Pensioner,

R/o. Rajgad, Tq. Kinwat,

Dist. Nanded. ...Petitioner.

Versus

1. The State of Maharashtra.

2. The Commissioner,

Tribal Development, Nashik.

3. The Additional Commissioner,

Tribal Development, Amravati.

4. The Project Officer,

Integrated Tribal Development Project, Kinwat, Dist. Nanded.

5. The Accountant General (A & E)

II, Maharashtra, Nagpur-01, Pension Wing, Old Building,

Civil Lines, Nagpur.

6. The Assistant Accountant General/

Sr. Accounts Officer,

Maharashtra, Nagpur-01,

Pension Wing, Old Building,

Civil Lines, Nagpur.

7. The Head Master,

Anudanit Adiwasi Ashram

School, Kherda, Tq. Kinwat,

Dist. Nanded. ...Respondents.

…

Advocate for Petitioner : Mr. V.A. Dhakne

AGP for Respondent Nos. 1 to 5 : Mr. A.A.A. Khan

Advocate for Respondent No. 7 : Mr. S.K. Dhanture h/f. Mr. R.V. Gore

...

CORAM : R. G. AVACHAT AND ABASAHEB D. SHINDE, JJ.

DATE : 11.09.2025 ORAL JUDGMENT (Per : Abasaheb D. Shinde, J.) :

. Rule. Rule made returnable forthwith. With the consent of the parties taken up for final hearing at the admission stage.

2. By this Writ Petition under Article 226 of the Constitution of India, the petitioner is seeking following reliefs :

“A) To quash and set aside the impugned order dated 09.08.2023 issued by the Assistant Account General/ Sr. Accounts Officer, Office of the Account General, Nagpur to the extent of recovering of over payment of pay and allowances of Rs. 14,25,006/- (Fourteen Lakh Twenty Five Thousand Six Rupees) from the petitioner and to quash and set aside the impugned recovery of Rs. 14,25,006/- made by the respondent no.4 from the payment of leave encashment and gratuity amount of the petitioner on 18.01.2024 and 29.01.2024, by issuing a writ of Certiorari or any other appropriate writ, order or direction as the case may be.

B) To direct the respondents to repay the amount of pay and allowances of Rs. 14,25,006/- (Fourteen Lakh Twenty Five Thousand Six Rupees) recovered from the gratuity amount and other pay and allowances of the petitioner to the petitioner alongwith a interest @ 12 p.a., by issuing a writ of mandamus or any other appropriate writ, order or direction as the case may be.

C) To quash and set aside the impugned new revised pay fixation order dated 11.04.2023 and new revised one step pay scale fixation order dated 11.04.2023 issued by the respondent no. 7 to the petitioner, by issuing a writ of Certiorari or any other appropriate writ, order or direction as the case may be.

D) To direct the respondents to pay the amount of pay and allowances of Rs. 14,25,006/- (Fourteen Lakh Twenty Five Thousand Six Rupees) to the petitioner which is recovered from the gratuity/ pension amount and other pay and allowances of the petitioner, pending hearing and final disposal of this petition.”

3. It is a case of the petitioner that the petitioner was working as a Hostel Superintendent in Class – III (Group ‘C’) in an aided Tribal Primary Ashram School, Kherda, Tq. Kinwat, Dist. Nanded, run by Sant Tukdoji Maharaj Adivasi Shikshan Prasarak Mandal, Kherda, for a period between 01.08.1994 and 30.09.2022. It is further case of the petitioner that after following the due procedure, he came to be appointed as Hostel Superintendent in Group ‘C’ in the said Ashram School initially on 01.08.1994 and his service has been duly approved by respondent no. 3 – Additional Commissioner, Tribal Development, Amravati, and respondent no. 4 – the Project Officer, Integrated Tribal Development Project, Kinwat, District Nanded. It is further case of the petitioner that the petitioner was given the pay scale of trained Hostel Superintendent since his initial appointment by respondent no. 3 herein vide order dated 28.10.2016 by virtue of order dated 16.09.2015, passed by this Court in Writ Petition No. 8386/2015. It is further asserted by the petitioner that the service of the petitioner was continuous