Kusum Madhukar Bagul Alias Kusum Dhondu Chavhan v. The Chief Executive Officer Zilla Parisahd Jalgaon And Others

37&70

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 WRIT PETITION NO.1178 OF 2020 KUSUM MADHUKAR BAGUL ALIAS KUSUM DHONDU CHAVHAN

VERSUS

THE CHIEF EXECUTIVE OFFICER ZILLA PARISAHD JALGAON AND OTHERS WITH 70 WRIT PETITION NO.1306 OF 2020 BHARATRAO NARAYANRAO SALUNKHE

VERSUS

THE CHIEF EXECUTIVE OFFICER ZILLA PARISAHD JALGAON AND OTHERS ...

Advocate for Petitioners : Mr Bolkar Yogesh B Advocate for Respondents 1 TO 4 : Mr Maheshkumar S. Sonawane

CORAM

: S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE : 20th January, 2020 ORDER:

1.

Learned counsel for the petitioners submits that recovery has been claimed by the respondents from the retiral benefits of the petitioners on the ground of wrong pay fixation. According to the learned counsel, the petitioners, at the time of retirement, were working as Class-3 employees. Learned counsel refers to the judgment of the Apex Court in the case of State of Punjab Vs. Rafiq Masih (White Washer), reported in 2015 (4) SCC 334.

2.

Mr. Sonawane, learned counsel appearing for the respondents submits that the petitioners would be refunded the amount recovered after 2018 but the petitioners are not entitled for refund of the amount which is already recovered prior.

37&70 3.

It is not disputed that the petitioners, as on the date of retirement, were working as Class-3 employees. Recovery is claimed in respect of the payment made to the petitioners on the basis of wrong pay fixation from the year 2008 onwards. It would not be equitable to recover the said amount from the retiral benefits. It is not the case of the respondents that the petitioner had misrepresented and on the basis of misrepresentation, wrong pay was fixed. The parameters as laid down in the judgment of the Apex Court in the case of State of Punjab Vs. Rafiq Masih (White Washer), are attracted in the present case. 4.

In the light of that, the respondents may refund the amount recovered form the retiral benefits of the petitioners on the basis of wrong pay fixation. The same be refunded within six months. 5.

Writ petition disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.) JPC