IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 10541 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE NIRZAR S. DESAI =====================================================

Approved for Reporting Yes No Yes =====================================================

PANCHAL BABULAL MAGANLAL Versus STATE OF GUJARAT & ANR.

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Appearance:

MR MEET A SHAH(9933) for the Petitioner(s) No. 1 MR HENIL SHAH ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 1,2 =====================================================

CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 28/04/2026 ORAL JUDGMENT

1. Heard learned advocate Mr. Meet Shah for the petitioner and learned Assistant Government Pleader Mr. Henil Shah for the respondent–State.

2. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing. Hence, RULE. Learned Assistant Government Pleader Mr. Henil Shah waives service of rule on behalf of the respondent–State.

3. By way of this petition, the petitioner has prayed for the following reliefs:

“A. This Hon'ble Court may be pleased to admit and allow the petition;

B. This Hon'ble Court may be pleased to quash and set aside the impugned actions of initiation of the recovery made from the petitioner by the respondents and reduction of the pension of the petitioner by the respondents;

C. This Hon'ble Court may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or directions to the respondent authorities to pay the pension to the petitioner as being paid till May 2023 and further be pleased to direct the respondents to refund the amount deducted by the respondents from the pension of the petitioner along with interest at the rate of 12% per month;

D. Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the further operation, implementation and execution of impugned actions of making recovery from the pension of the petitioner and reduction of pension amount from the pension of the petitioner;

E. Any other and further relief or reliefs which this Hon'ble Court deems fit in the interest of justice and equity in the favour of the petitioner.”

4.It is the case of the petitioner that he was appointed as Junior Clerk in Vasudev Someshwar Raval Primary Teacher Certificate College, Prantij, which is a grant-in-aid institution, on 19.06.1978 after following due procedure for appointment, and thereafter he was promoted as Senior Clerk, and after serving for 26 years, 2 months and 22 days in the said institution, he retired on attaining the age of superannuation on 30^th September 2004 from the said institution.

5.Thereafter, though the petitioner was receiving pension from September 2004, after more than 18 years, on 05.05.2023, the petitioner came to know that recovery was sought to be initiated against him. It was informed to the petitioner that though the pension paid to him was properly paid till 2005, from 2006 to 2023, due to an inadvertent mistake on the part of the office of respondent No.2, the petitioner’s pension was wrongly fixed and therefore, recovery of Rs.13,14,432/- towards excess pension amount paid to the petitioner is sought to be made. Though the petitioner made a detailed representation, he did not receive any response from the respondents. In the meantime, from May 2023, the respondents started deducting Rs.30,284/- from his monthly pension. It is the case of the petitioner that till May 2023, he was receiving Rs.30,284/- towards pension, however in June 2023, the respondents deducted a sum of Rs.19,764/- towards recovery and paid only Rs.10,520/- towards pension to the petitioner. It is the aforesaid action of the respondents which is under challenge by way of the present petition.

6.Learned advocate Mr. Meet Shah appearing for the petitioner submitted that there is no fraud o