Digitally signed by ARUNA ARUNA SANDEEP SANDEEP TALWALKAR TALWALKAR D a 2 te 5 :

.09.23 WP-12153-2022-.odt

19:23:02 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12153 OF 2022 Mr. Vinay s/o. Jagannath Mhatre.

Aged about 60 years, Occ. Retired, R/o. Khochiwade (Bandar Aali)

Tah. Vasai, Dist. Palghar. … Petitioner V/s.

1. Administrative/Establishment Officer, Maharashtra Jeevan Pradhikaran, CIDCO Bhavan, Belapur, Mumbai.

2. Executive Engineer, Maharashtra Jeevan Pradhikaran, Water Management Department, Virar, Vishnu Pratibha Hall, 2^nd floor, Virar (West) 401 303.

3. Senior Accounts Officer, Pension Branch, Maharashtra Jeevan Pradhikaran, CIDCO Bhavan, Belapur, Navi Mumbai. … Respondents ---

Ms. Mohini Rehpade a/w. Mr. Vijay Singh, Smt. Daksha Madhav Punghera, Mr. Karan Gajara, Mr. Digvijay Kachare, Ashlyn Almeida i/b. Desai Legal LLP, Advocates for the Petitioner.

Mr. Tushar Sonawane, Advocate for Respondent Nos. 1 to 3.

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CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

RESERVED ON : 11^th September, 2025.

PRONOUNCED ON : 23^rd September, 2025 JUDGMENT : (PER ASHWIN D. BHOBE, J.)

1. Heard Ms. Mohini Rehpade, learned Advocate for the Petitioner and Mr. Tushar Sonawane, learned Advocate for Respondent Nos. 1 to 3.

2. Rule. Rule made returnable forthwith and heard the Petition finally with the consent of the parties.

3. Grievance of the Petitioner in this petition filed under Article 226 of the Constitution of India is twofold: firstly, incorrect fixation of his pay and secondly, recovery of amount alleged to be excess payment of salary from his retiral dues.

4. Material facts in this petition are that the Petitioner was appointed to the post of “Tracer” in the Maharashtra Jeevan Pradhikaran {then Maharashtra Water Supply & Sewerage Project Board (MWS&SP)} and was confirmed in service after completing the probation period. Upon completion of continuous 12 years of regular service on the post of Tracer, Petitioner was granted time bound promotion and higher grade pay scale of the promotional post of Assistant Draftsman, which was made effective from 26.08.1997. Petitioner was drawing pay scale and receiving the benefits of promotional post of Assistant Draftsman.

5. Petitioner was promoted to the post of Civil Engineer Assistant, w.e.f. 07.09.2017 (which date was subsequently rectified to 20.12.2001). Petitioner superannuated w.e.f. 31.08.2020. By order dated 04.12.2021 Respondent No. 3 fixed the monthly pension payable to the Petitioner @ Rs. 24,539/- per month.

6. Vide communication dated 24.11.2021, the Respondent No. 3 (Senior Accounts Officer, Pension Branch Maharashtra Jeevan Pradhikaran) called upon the Petitioner to pay an amount of Rs. 13,34,265/-, failing which the same would be recovered from the gratuity and pensionary benefits payable to the Petitioner. Reason put forth by the Respondent No. 3 for recovery of the said amount was that the Petitioner did not clear the departmental qualifying examination required for promotion as Assistant Draftsman.

7. Petitioner vide his representation drew the attention of the Respondent No. 2, to the fact of the Petitioner having passed the course of Civil Draftsman Examination from Government I.T.I and he by Office order No. 254 dated 27.09.1990 being exempted from the requirement of clearing the departmental qualifying examination.

8. Despite the above Respondents proceeded to recover amounts from the retiral dues of the Petitioner.

9. Petitioner is before this Court seeking the following substantive reliefs :

“a) quash and set aside the impugned communication dtd. 24.11.2021 issued by office of respondent no.3 Senior Accounts Officer Maharashtra Jeevan Pradhikarn directing recovery of alleged excess payment of salary (Exhibit 'H') in the interest of justice;

c) Restrain the respondents from making proposed recovery from the petitioner ;

d) direct the respondents to fix and pay the petitioner his pension as per his last drawn pay on the post of Civil Engi