Smt. Kavita Wd/O. Kailash Sahare v. The Zilla Parishad Gadchiroli, Thr. Its Chief Executive Officer And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.

OF Smt. Kavita Wd/o. Kailash Sahare Aged 51 yrs, Occ : Private, R/o, Near Jakat Naka, Lakhandur Road, Kasturba Ward Desaigang (Wadsa), Gadchiroli.

.......PETITIONER ...V E R S U S...

(1) The Zilla Parishad Gadchiroli, through its Chief Executive Officer.

(2) The Deputy Chief Audit and Finance Officer, Zilla Parishad, Gadchiroli.

.......RE SPONDENT S ------------------------------------------------------------------------------------------ Mr. P. S. Kshirsagar, Advocate for the petitioner Mr. S. D. Zoting, Advocate for respondent 2 ------------------------------------------------------------------------------------------ COR A M : ROHIT B. DEO AND MRS. VRUSHALI V. JOSHI , J J .

DATE : 12-04-2023 ORAL

JUDGMENT

(PER : Rohit B. Deo, J.) Rule. Rule made returnable forthwith. Heard finally with consent of the learned counsel appearing for the parties.

2.

Challenge is to the order dated 14-6-2021 issued by respondent 2 directing recovery of Rs. 7,34,895/- (Rupees Seven Lacs Thirty Four Thousand Eight Hundred Ninety Five) from the death - retiral benefits of the petitioner's husband. 3.

The recovery is ordered on the premise that excess payment was made to the deceased employee while granting one step promotional pay scale.

4.

It is not in dispute that the husband of the petitioner expired in harness on 20-4-2021 and the recovery is ordered after his death.

5.

Learned counsel for respondent 2 fairly invites our attention to the decision in Writ Petition 4835/2021 (Smt. Sudha wd/o Bhagirath Meshram Vs. Zilla Parishad, through its C.E.O., District Gadchiroli and ors.) which is rendered in similar fact situation.

6.

For reasons recorded in the judgment dated 27-3-2023 in Writ Petition 4835/2021, with which reasons we

respectfully agree, and in view of the decision of Hon'ble Supreme Court in State of Punjab & Others Vs. Rafiq Masih (White Washer) and anr. [(2015) 4 SCC 334], we allow the petition in terms of prayer clauses (i) and (ii), except that we are not directing payment of interest. If any amount is already recovered, the same shall be refunded within the next eight weeks.

7.

If the amount is not refunded within eight weeks, the same shall carry interest at the rate of 12% per annum. (Mrs. Vrushali V. Joshi, J.) (Rohit B. Deo, J.) wasnik YUVRAJ WASNIK