Maroti Narsingrao Wadhavankar v. The State Of Maharashtra Through Its Secretary And Others

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3454 OF 2023 MAROTI NARSINGRAO WADHAVANKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Shri Vishwajeet R. Jain AGP for Respondent 1/State : Shri V.M. Kagne Advocate for Respondents 2 and 3/ZP : Shri S.B. Pulkundwar ...

CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :- 28th March, 2023 Per Court :- 1.

The petitioner, a retired employee, has put forth prayer clause C, which reads as under :- "C) By issuing writ of mandamus or any other appropriate writ and may kindly direct to the respondent no.2 and 3 to refund an amount of Rs.1,95,096/- with interest to the petitioner which was deducted from the amount of retirement gratuity."

2.

Heard the learned Advocates for the respective sides.

3.

The learned Advocate representing Respondent

*2* Nos.2 and 3- Zilla Parishad, submits on a query from the Court that, neither the Petitioner had given any undertaking, nor the Petitioner was heard prior to deducting the amount of Rs.1,95,096/- from his retiral benefits.

4.

It appears that the amount deducted from the retiral benefits of the Petitioner is on account of excessx payment of pay and allowances including leave salary. Admittedly, prior to his retirement, there was no show cause notice issued to him, much less any hearing given. No undertaking was taken from the Petitioner so as to agree that excess payment would be returned to the employer.

5.

In view of the above, the Petitioner's case is squarely covered by the judgments of the Hon'ble Supreme Court in cases of State of Punjab and others Vs. Rafiq Masih (White Washer), (2014) 8 SCC 883 and Syed Abdul Qadir and others Vs. State of Bihar and others, (2009) 3 SCC 475.

6.

The learned Advocate for the Zilla Parishad submits that the petitioner has belatedly approached this Court. A cause of action of 2012 is sought to be espoused by filing this petition on 27.02.2023. Hence, interest may not be granted to the Petitioner.

*3* 7.

The learned Advocate for the Petitioner submits that, at least 3 years interest may be granted by considering a reasonable period of 3 years.

8.

Having considered the above, we are of the view, that the interest @3% p.a., as granted to similarly situated employees, could be restricted to a period of 3 years. 9.

This Writ Petition is, therefore, allowed. The deducted amount of Rs.1,95,096/- shall be returned to the Petitioner along with simple interest @ 3% p.a. for a period of 3 years, preceding the date of this order. The said amount shall be paid to the Petitioner on or before 31.05.2023. kps (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)