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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

948 WRIT PETITION NO.14436 OF 2019

THE STATE OF MAHARASHTRA THRO PRINCIPAL SECRETARY

WATER RESOURCES IRRIGATION DEPT MUMBA AND OTHERS

VERSUS

PRADIP SHRIDHARRAO DAHALE

...

AGP for Petitioners : Mr. A. R. Kale

Advocate for Respondent : Mrs. Suchita A. Dhongade

…

CORAM : S. V. GANGAPURWALA &

R. N. LADDHA, JJ.

DATED : 6^th OCTOBER, 2021.

...

PER COURT :

1.

Mr. Kale, learned AGP submits that the respondent fled

original application challenging the re-pay fiation and the

recovery claimed before the Maharashtra Administrative

Tribunal. The Tribunal allowed the original application, set aside

re-pay fiation without discussing about the legality of the re-

pay fiation. It only relied upon the judgment of Apei Court in

State of Punjab and others Vs. Rafi Masih (White

Washer) etc., reported in AIR 2015 SC 696 setting aside the

recovery. However, at the same time in operative part set aside

the order re-fiing the pay.

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2.

Mrs. Dhongade, learned advocate for the respondent

submits that the respondent was legitimately entitled to the pay

scale as was accorded to him since year, 1989. The respondent

was not given three benefts. According to the learned counsel

the issue is no longer res integra and decided by this court.

There is no necessity to remit the matter back to the Tribunal.

3.

We have considered the submissions. We have gone

through the judgment delivered by the Tribunal. Upon the

perusal of the judgment, it transpires that the learned judge has

discussed only about the authority of the Government to claim

recovery, it nowhere discussed about the legality of the pay

fiation and how refiation of pay was erroneous. However, in

the operative order, the Tribunal set aside the re-fiing of the

pay and the consequential order of the recovery. It further

directed to fi the pension as per last pay drawn.

4.

We cannot sustain the order passed setting aside re-fiing

the pay without discussion upon the case putforth by the

present petitioner before the Tribunal.

5.

In the result, we pass the following order.

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ORDER

I)

The impugned order passed by the Tribunal is

quashed and set aside.

II)

The parties are relegated before the Tribunal. The

parties shall appear before the Tribunal on 27^th October,

2021 and putforth their stand. The Tribunal shall

thereafter decide the application No.937 of 2018 afresh

after hearing the parties eipeditiously.

III)

Till the original application is decided by the

Tribunal, the recovery from the present respondent shall

not be claimed nor the pension as being paid be

stopped. Further steps be taken pursuant to the

decision of the Tribunal in the Original Application No.

937 of 2018.

IV)

With the aforesaid observations, writ petition is

disposed of. No costs.

(R. N. LADDHA, J.)

(S. V. GANGAPURWALA, J.)

vsm/-