Rajendra Jaysing Patil v. The Chief Executive Officer And Others

14228.21WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 989 WRIT PETITION NO.14228 OF 2021 RAJENDRA JAYSING PATIL

VERSUS

THE CHIEF EXECUTIVE OFFICER AND OTHERS ...

Advocate for the petitioner : Mr.Y.B.Bolkar Advocate for respondent nos.1 to 3 : Mr.Maheshkumar S. Sonawane.

...

CORAM : S.V.GANGAPURWALA & S.G.DIGE, JJ.

DATE : 16.12.2021 P.C. :

1] Learned counsel for the petitioner submits that recovery has been claimed by the respondents from the retiral benefits of the petitioner on the ground of wrong pay fixation. According to the learned counsel, the petitioner, at the time of retirement, was working as Class-3 employee. 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 petitioner would be refunded the amount recovered after 2018 but the

14228.21WP petitioner is not entitled for refund of the amount which is already recovered prior.

3] It is not disputed that the petitioner, as on the date of retirement, was working as Class-3 employee. Recovery is claimed in respect of the payment made to the petitioner 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) (supra), are attracted in the present case. 4] In the light of that, the respondents may refund the amount recovered from the retiral benefits of the petitioner on the basis of wrong pay fixation. The same be refunded within six months.

5] Writ Petition is disposed of. No costs.

[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.] DDC