Madhukar Vaijnath Vanve And ORS v. The State Of Maharashtra Throu. Its Sec. Rural Develpment And Water Conservations Dept And ORS
by SUNNY ANKUSHRAO THOTE Date:
2025.07.19 09:53:42 +0530 SUNNY ANKUSHRAO THOTE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9765 OF 2025 Madhukar Vaijinath Vanve & Ors.
...Petitioners
Versus
The State of Maharashtra & Ors.
...Respondents
Mr. Sandeep B. Sontakke, Advocate for the Petitioners. Mr. S.B. Kalel, AGP for Respondent No.1/State. Ms. Priyanka Chavan, Advocate for Respondent Nos.2 & 3/ZP. CORAM : RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.
DATE : 16th JULY, 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 employees who were working with the Respondent Zilla Parishad and have 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 retirement 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 retirement benefits/pensionary benefits, are as under :- Amount Recovered Sr. No.
Name of the Petitioners Date of Superannuation from the Petitioners Madhukar Vaijinath Vanve 31.05.2024 50,937/- Shashikant Dagadu Hindule 2,17,648/- Shailaja Sharadrao Kasabe 31.01.2013 Died 3,26,271/- Sangeeta Nagnath Khade 28.02.2022 Died 1,17,126/- Kisan Shamrao Yadav 30.04.2020 71,832/- Namdev Kerappa Kharat 31.05.2019 58,431/- Mallikarjun Shivalingappa Vhanutagi 31.05.2017 1,32,185/- Dattatrya Shankar Bobalade 31.03.2025 45,643/- Jyoti Tanaji Yadav 18.10.2023 Died 4,39,588/- Aaba Dattu Shinde 31.05.2011 29,206/- Shivappa Mallappa Mhetre 31.05.2017 7,533/- Vanashri Anil Nashte 23.03.2019 Died 1,61,521/- Hiralal Ananda Kondubhairi 31.05.2022 24,369/-
Pandurang Rachappa Mali 31.03.2005 38,608/- Changdeo Gendeo Kamble 31.05.2019 54,801/- Nirmala Devidas Gade 31.05.2024 55,470/- Pandurang Vasant Shinde 31.05.2024 53,913/- Ramesh Keru Chavan 31.07.2024 48,475/- Balbhim Tukaram Shinde 31.05.2024 44,009/- Chandrakant Hairam Bhoi 31.05.2024 56,185/- Jilahi Kondiba Tamboli 31.05.2024 43,244/- Babasaheb Kondiba Shinde 31.05.2024 48,941/- Siddheshwar Dayaji Sule 31.05.2024 46,970/- Jayashree Anna Band @ Jayashri w/o. Bhaskar Ubale 31.07.2024 49,119/- Sunanda Anil Chavan 04.04.2024 43,244/- Dhananjay Yashwant Deshpande 31.05.2024 64,954/- Sarojini Lingappa Gadade 31.08.2024 48,208/- Dilip Baburao Tingare 31.05.2022 47,011/- Kisan Vasant Kharat 31.05.2023 63,488/- Mangal Shantinath Annadate 31.07.2017 12,427/- Rajaram Yashwant Patil 31.05.2024 1,59,766/- Rajaram Raosaheb Patil 31.05.
2022 39,853/- Kashiraya Sharanappa Patne 31.05.2023 51,394/- Jagadevi Shrishail Bhasagi 22.08.2018 38,874/- Chandrakant Subhash Patil In Service 1,53,120/- Balappa Basanna Bhasagi 31.08.2023 83,788/- Popat Kundalik Lawate, 31.05.2024 98,238/- Dilip Kerappa Waghmare 31.03.2023 96,232/- 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 record. 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. Subject to proper verification to be carried out by the Zilla Parishad, preferably within a period of 45 days, the amounts due and payable to the Petitioners as well as to the widows/legal heirs, if that be the case, after the superannuation of such employees, would be paid to these Petitioners/widows/legal heirs as the case may be, within a further period of 45 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.
(GAUTAM A. ANKHAD, J.) (RAVINDRA V. GHUGE, J.)