Krushna Bhaurao Kokate And ORS v. The State Of Maharashtra Thr. Its Secretary Rural Development And ORS

Digitally signed by GAURI AMIT GAEKWAD Date:

2025.02.26 10:54:34 +0530 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2476 OF 2025 Krushna Bhaurao Kokate and Ors.

....Petitioners

Versus

The State of Maharashtra and Ors.

....Respondents ---- Mr. Sandeep B. Sontakke for the Petitioners.

Mr. V.G. Badgujar, AGP for Respondent No.1.

Ms. Priyanka Chavan for the Respondent - Solapur Zilla Parishad. ---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 24th FEBRUARY, 2025 ORAL FINAL ORDER (Per Ravindra V. Ghuge, J.) :- 1.

All the Petitioners are identically placed. The learned Advocate representing the Respondent Zilla Parishad, Solapur agrees.

2.

The Petitioners are the employees who were working with the Respondent Zilla Parishad and superannuated from employment. All of them were subjected to recovery of amounts, purportedly for the reason that excess amounts were paid to them, under wrongful revised pay scales/erroneous revised pay scales, calculated on the basis of acquiring the certificate of MS-CIT etc.

These pay scales were revised more than a decade ago. 3.

The grievance of these Petitioners is that recoveries have been initiated against them, from their retiral benefits/ pensionary benefits. In some cases, amounts have already been recovered. A chart showing the details of the petitioners, their dates of superannuation, dates of impugned orders and amounts recovered from their retiral benefits/pensionary benefits, are as under : Sr.

No.

Name of the Petitioners Date of Superannuation Amount Recovered from the Petitioners Krushna Bhaurao Kokate 30.06.2020 47,811/- Shaila Vinayak Kulkarni @ Shaila Dattatraya Hatvalane 31.05.2021 53,279/- Nasimbanu Dastagir Mujawar 30.11.2022 48,712/- Musa Babasaheb Kotwal 31.05.2021 53,799/- Tukaram Namdev Jadhavar 31.05.2019 27,140/- Harinarayan SHivdas Miragane 31.05.2023 53,758/- Ashok Laxman Ghuge 31.05.2022 38,279/- Shrikrushn Dharmaraj Bhosale 31.05.2022 49,021/- Shamsundar Chandrahas Shinde 45,071/- Shivaji Sadashiv Hawale 30.11.2024 48,361/- Bhiku Rohidas Sabale 31.05.2021 1,49,856/-

Vishwasrao Apparao Jagadale 01.08.2021 17,166/- Shridhar Uddhav Gore 01.07.2021 45,592/- Sangita wd/o. Madhukar Avate 04.12.2021 43,134/- Sunita Vasantrao Jagdale 18.05.2021 44,284/- Tukaram Birmal Masal 31.05.2020 49,256/- Subhash Dnyandeo Mule 31.05.2020 48,901/- Anagha Arun Ramdasi 31.05.2018 29,686/- Dayanand Basappa Birajdar 31.05.2023 5,17,507/- Ratan Devarao Londhe 28.02.2017 1,20,746/- Somnath Jotiram Survase 31.05.2023 44,041/- Ramhari Maruti Yele 31.05.2023 43,704/- Shankar Vithoba Shinde 31.05.2023 1,17,758/- Vilas VIshwanath Kshirsagar 31.11.2023 46,044/- Gokul Mahadev Surwase 31.05.2023 48,475/- Sunita Somnath Gurav 31.07.2021 40,592/- Aniruddha Baburao Mokashi 21.05.2024 54,820/- Indumati Shahu Mali 2,82,945/- Shobha wd/o. Bharat Dhage 15.02.2020 2,31,841/- Radhika wd/o. Bharat Nande 01.07.

2020 76,099/- Nagnath Pralhad Jadhav 30.04.2021 49,024/- Renuka wd/o. Somnath Nevase 16.09.2021 2,01,926/- Shakuntala wd/o. Shridharrao Rote 31.05.2018 24,480/- Dattatray Mahadev Waghmare 44,583/- Prakash Bibhishan Sawant 31.05.2023 1,20,957/- Sahebrao Prabhu Shivane 54,820/- Subhash Bapurao Shinde 46,044/- Shafiya Dastgir Mujawar 31.05.

Bhausaheb Suryabhan Chavan 31.05.2023 45,458/- Rajkumar Satyawan More 31.05.2023 2,85,190/- Tanaji Laxman Mohite 1,10,220/- Ushadevi Balbhim Mali 31.08.2018 21,510/- Jalindar Pandurang Survase 95,954/- Sarjerao Dattatraya Thorat 48,377/- Vilas Sarjerao Mane 47,891/- Shridhar Rama Dabhade 23,174/- Rajaram Vasant Kore 30.04.2023 47,891/- Surekha Madhukar Vibhute 48,377/- Babasaheb Bhimrao Dhaygude 31.02.2020 51,679/- Bhaskar Damu Talekar 31.05.2020 50,196/- Satyawan Bapu Thorat 2,22,271/- Shalini Rangnath Korwale @ Shalini w/o. Nagesh Wardole 48,377/- Chandrakant Tulajaram Bhoi 70,601/- Balubai Dnyanoba Melge @ Balubai Nagnath Babar 48,723/- Dilipkumar Vithoba Mokashi 30.06.2024 46,044/- Nirmala Bhagwat Patkulkar 31.07.2024 42,609/- Nandkishor Kisan Bagwale 31.10.2022 1,22,415/- Sanjay Vasant Tangwale 57,405/- Shaukat Mahamad Mulani 2,85,286/- Ramchandra Sadashiv Gavli 31.05.2019 23,743/- Bebi Malharrao Shewale 31.03.2022 47,324/- Arun Mahadev Waste 31.05.2017 13,073/- Shashikant Manohar Pawar 48,184/- Nana Dhondiba Kharje 31.05.2018 24,771/- Shivaji Nivrutti Patil 31.05.2018 24,794/-

Vitthal Ramanna Mhetre 31.05.2021 1,37,011/- Dattatraya Jagannatha Masal 30.11.2023 60,965/- Kamanna Mahadanna Aiwale 31.05.2022 46,654/- Mohan Keru Bhosale 31.05.2020 94,183/- Jubeda Rafik Pathan 18.04.2017 74,491/- Swati wd/o. Nilesh Salave 16.12.2015 34,956/- Shobha Raosaheb Navale @ Shobah Rajkumar Avatade 31.05.2021 43,201/- Indumati Jaywant Talekar 31.05.2017 41,189/- Bajrang Manik Kurde 30.06.2021 50,419/- Shankar Sukhadev Talekar 31.05.2021 50,467/- Ayodhya Sambhaji Talekar 31.05.2017 7,646/- Mahadev Namdev Mundhe 31.01.2021 2,75,233/- Bhimrao Bhanudas Pathade 31.07.2022 1,00,128/- Prakash Pralhad Jagtap 31.05.2023 2,84,313/- Dawalsab Nabisab Nadaf 31.05.2021 53,264/- Taher Abdul Majid Shaikh 31.01.2022 52,398/- Mehboob Nabisab Karajgi 31.05.2019 49,570/- Faridabano Isak Attar 31.10.

2022 46,844/- Shreeshail Rachayya Swami 1,93,177/- Rajendra Vishwanath Guddar 31.05.2022 1,81,640/- Kamala wd/o. Shankar Kamble 09.02.2021 1,74,456/- Akbar Guddusaheb Bagwan 1,20,147/- Sharad Manikrao Nilagar 31.08.2022 5,56,641/- Dharmaraj Laxman Birajdar 3,93,353/- Shivanand Dhondappa Koli 31.05.2023 46,141/- Ramdas Nana Gode 31.10.

Kasim Bandgi Saheb Jamadar 31.05.2020 35,475/- Basavaraj Siddhningappa Dolle 1,08,165/- Jyoti wd/o. Kumar Shinde 21.05.2021 68,282/- Siddheshwar Janardhan Nagtilak 30.04.2024 2,68,792/- Maharudra Dattatray Swami 31.05.2022 16,997/- Nirmala Vishwanath Kamble 30.09.2021 40,677/- Vitthal Yashawant Yadav 29.03.2024 44,739/- 4.

We have considered the strenuous submissions of the learned Advocates. It is, however, undisputed that none of these Petitioners had played any fraud or were personally involved in wrongful revision of their pay scales or orchestrating wrongful revision by manipulating the records. There is no allegation of fraud or deceit against any of them. No undertaking was acquired from them as and when the revised pay scale become payable. In some cases, at the stroke of retirement, a condition was imposed that they should execute an undertaking and in these coercive circumstances, that undertaking were extracted from some of them. 5.

The learned Advocate representing the Zilla Parishad as well as the learned AGP, submit that once an undertaking is executed, the case of the Petitioners would be covered by the law

laid down by the Hon'ble Supreme Court in High Court of Punjab and Haryana and others vs. Jagdev Singh, 2016 AIR (SCW) 3523. Reliance is placed on the judgment delivered by this Court on 1st September, 2021, in Writ Petition No. 13262 of 2018 filed by Ananda Vikram Baviskar Vs. State of Maharashtra and others. 6.

We have referred to the law laid down by the Hon'ble Supreme Court in High Court of Punjab and Haryana and others vs. Jagdev Singh (supra). However, the record reveals that no undertaking was taken from these Petitioners when the pay scales were revised. The undertakings from some of them were taken at the stroke of their retirement.

7.

An undertaking has to be taken from the candidate on the day the revised pay scale is made applicable to him and the payment commences. At the stroke of superannuation of the said employee, asking him to tender an undertaking, practically amounts to an afterthought on the part of the employer and a mode of compelling the candidate to execute an undertaking since they are apprehensive that their retiral benefits would not be released until such undertaking is executed. Such an undertaking will not have the

same sanctity of an undertaking executed when the payment of revised pay scale had commenced. We, therefore, respectfully conclude that the view taken in High Court of Punjab and Haryana and others vs. Jagdev Singh (supra), would not be applicable to the case of these Petitioners, more so since the recovery is initiated after their superannuation.

8.

Taking into account that these Petitioners were not involved in any mischief, fraud or deceit in orchestrating their wrongful pay revision, the law laid down by the Hon'ble Supreme Court in Syed Abdul Qadir vs. State of Bihar and others, 2009 (3) SCC 475 and State of Punjab and other vs. Rafiq Masih (White Washer) etc. (2015) 4 SCC 334 = AIR 2015 SC 696, would apply to this case.

9.

The Writ Petition is partly allowed. The impugned orders are quashed and set aside. The amounts due and payable to the Petitioners, as well as to the widows and other legal heirs, if that is the case, after the superannuation of the said employees/death of the employees, would be paid to these Petitioners or their widows or other legal heirs, if that is the case, within a period of 90 days.

10.

The learned Advocate for the Petitioners submits, on instructions, that the Petitioners would not claim any interest on the amount which has already been recovered from them, to the extent of it's repayment. In view thereof, if the amounts are not paid within 90 days, interest at the rate of Rs.5% p.a. from the date of this order, will be paid.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)