Janabai Balaprasad Sawale vs Executive Engineer Maharashtra Jeevan ...
2024 Latest Caselaw 22145 Bom

Bombay High Court

Janabai Balaprasad Sawale vs Executive Engineer Maharashtra Jeevan ... on 1 August, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

                                 *1*                           917wp11424o23


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

          917 WRIT PETITION NO. 11424 OF 2023
                  (Board dt.31.07.2024)
           JANABAI BALAPRASAD SAWALE
                       VERSUS
          THE STATE OF MAHARASHTRA AND
      EXECUTIVE ENGINEER MAHARASHTRA JEEVAN
             PRADHIKARAN AND OTHERS

                               ...
Shri Jogdand Patil Vijay B., Advocate for the Petitioner.
Shri S.K. Tambe, AGP for Respondent No.1/State.
                               ...

                     CORAM : RAVINDRA V. GHUGE
                                      &
                             Y. G. KHOBRAGADE, JJ.

DATE :- 01st August, 2024

Per Court :-

1. None appears for the Maharashtra Jeevan

Pradhikaran.

2. The Petitioner is the widow. By the impugned order

dated 30.01.2023, the Employer has commenced recovery for an

amount of Rs.13,44,983/-, on the ground that excess payment

was wrongfully made to the husband of the Petitioner w.e.f.

01.03.2004.    The    Petitioner's     husband     passed   away        on
                                           *2*                917wp11424o23

07.05.2022. The Petitioner is getting monthly pension of

Rs.14559/-. Therefore, the amount of Rs.4386/- per month, is

being deducted from the pension.

3. It is obvious that the Employer has realized that

excess payment was being paid to the deceased, after 19 years.

The deceased was not subjected to any recovery during his

service tenure. Reliance is placed on the judgments of the

Honourable 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.

4. As such, by way of interim relief, we direct that

there shall be no further deduction from the pension of the

Petitioner, until further orders.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)