Bombay High Court
Arun Valu Tambekar And Ors vs The State Of Maharashtra Thr Its ... on 16 October, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge, M. M. Sathaye
2024:BHC-AS:41778-DB
1 923-WP-1408-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1408 OF 2024
Arun Valu Tambekar And Ors. ...Petitioners
Versus
The State of Maharashtra and Ors. ...Respondents
****
Mr. C.K. Bhanoji a/w E.S. Murge for the Petitioners.
Mr. V.G. Badgujar, AGP for Respondent Nos. 1 and 2/State.
Mr. Ashwin Kapadnis for Respondent Nos. 3, 4 and 5.
SNEHA ****
NITIN
CHAVAN CORAM : RAVINDRA V. GHUGE AND
Digitally signed M.M. SATHAYE, JJ.
by SNEHA NITIN
CHAVAN
Date: 2024.10.21
10:56:03 +0530
DATE : 16th OCTOBER, 2024
ORAL JUDGMENT (Per Ravindra V. Ghuge, J.)
1. Rule. Rule made returnable forthwith and heard finally, by
the consent of the Parties. The learned advocates representing the
Respondent Zilla Parishad, Solapur agrees that the Petitioners are
identically placed.
2. The Petitioners are the original 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, on the basis of
acquiring the certificate of MS-CIT etc. These pay scales were revised
Sneha Chavan
2 923-WP-1408-2024.odt
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, is as under:-
Sr. Name of the Petitioners Date of Date of Recovered
No retirement Impugned amount
recovery
order
1 Arun Valu Tambekar 30.04.2022 13/09/2022 2,14,855
2 Ramdas Kacharu Dhatrak 31/10/2020 17/09/2020 1,60,791
3 Nirmala Karbhari Hire 31/05/2019 13/09/2019 73,908
4 Jayashri Dilip Pawar 31/05/2020 07/10/2020 1,66,595
5 Prakash Shriram Badgujar 31/12/2020 29/04/2022 1,20,792
6 Mangla Ganpat Deshmukh 30/04/2021 28/07/2021 1,22,294
7 Sharda Sarjerao Shingare 30/04/2021 20/03/2021 1,55,247
8 Bapu Nathu Gangurde 31/05/2020 26/11/2020 59,653
9 Mangal Yuvraj Suryawanshi 30/04/2019 05/10/2018 48,777
10 Meghavati Baburao Sonawane 28/02/2021 23/10/2021 72,853
11 Lata Nimba Adhav 28/02/2022 15/02/2022 2,90,727
12 Bhaulal Murlidhar Varpe 31/05/2020 03/08/2021 1,35,675
13 Bapu s/o Shivaba Deore 31/05/2021 21/09/2021 1,62,199
14 Alka Shridhar Jadhav 31/05/2021 13/12/2020 1,11,934
15 Pushpa Arvind Geet 30/06/2021 23/10/2021 3,73,539
16 Pratibha Vilas Kudake 31/01/2021 25/03/2021 1,11,154
17 Bebi Daga Pawar 30/06/2020 05/08/2020 80,238
18 Nandini Gangadhar Kajale 31/05/2021 09/07/2021 11,314
19 Dilip Jagannath Shinde 30/06/2020 26/11/2020 86,915
20 Meera Dinkar Khose 30/06/2021 03/08/2021 93,756
21 Mangala Arun Pawar 30/04/2020 05/08/2020 62,388
Sneha Chavan
3 923-WP-1408-2024.odt
22 Bharati Popat Pawar 31/10/2019 31/01/2020 91,900
23 Tryambak Dhondu Pawar 31/05/2020 15/01/2021 1,19277
24 Ganesh Shankar Pardeshi 30/04/2019 30/11/2018 47,671
25 Vijaykumar Jibhau More 31/05/2021 01/06/2021 1,02,585
26 Devram Pandu Shardul 31/05/2021 13/08/2021 55,464
27 Yogendra Pandharinath Page 31/03/2020 08/10/2020 97,805
28 Damu Devaram Dhumse 31/05/2019 08/07/2019 48,353
29 Sha Nisar Ahemad Ah. Lateef 31/05/2019 16/10/2019 76,546
30 Bhagwan Bhila Sonawane 31/05/2021 01/11/2021 1,64,501
31 Sonyabapu Devram Thorat 31/10/2023 28/10/2020 2,15,686
32 Kusum Mukund Jagtap 31/03/2020 18/06/2020 1,79,163
33 Arun Laxman Patil 31/03/2019 21/02/2019 46,628
34 Namdeo s/o Rambhau Pagar 31/05/2022 12/10/2022 3,80,263
35 Ravindra s/o Dattatray Lachake 28/02/2022 15/06/2022 2,36,181
36 Ramdas Mohan Desale 31/05/2020 05/08/2020 1,02,917
37 Vijaya Dattatraya Avhad 28/02/2022 28/02/2022 2,03,277
38 Hirabai Balu Khatele 31/05/2019 10/07/2019 78,515
39 Shobha Shankar Buwa 30/04/2019 10/09/2018 65,741
40 Shaila Pradeep Kulkarni 31/03/2021 13/02/2021 1,67,848
41 Bharati Rajaram Deshpande 31/10/2020 04/12/2021 1,67,325
42 Kisan s/o Prabhakar Hire 31/05/2022 23/11/2022 2,13,668
43 Suryamala Mukund Borase 29/02/2020 10/11/2020 53,696
44 Maya Pandharinath Shinde 31/03/2021 13/02/2021 2,44,396
45 Prabhakar Ukhaji Kasare 30/04/2020 2701/2021 1,91,372
46 Ramesh s/o Vitthal Ahire 31/05/2020 2703/2023 90,000
47 Pundalik Yashwant Jopale 30/06/2021 02/08/2021 1,52,510
(Died)
Through Its LRS
Vimal Pundalik
Jopale
48 Gangadhar Govind Jopale 30/06/2021 28/07/2021 3,05,345
49 Namdeo Ramchandra Gaikwad 30/06/2021 21/08/2021 1,29,484
50 Dhanraj Mahadu Ghuge 31/12/2021 10/02/2022 1,89,863
51 Sunanda Ishwarlal Chaudhari 31/05/2022 13/07/2022 1,49,317
52 Bhaskar Shravan Chavan 31/05/2022 29/07/2021 1,27,642
53 Prakash Shankar Khairnar 31/05/2022 02/11/2022 5,99,091
54 Sunanda Ananda Jadhav 31/08/2022 15/12/2022 2,51,481
55 Parshram Narayan Chavan 30/08/2022 16/06/2022 2,17,312
56 Popat Nimba Bhoye 31/05/2021 28/07/2021 1,39,896
Sneha Chavan
4 923-WP-1408-2024.odt
57 Vijay Chiman Dusane (Died) 25/03/2019 24/10/2019 2,39,698
Through Its LRS
Surekha Vijay Dusane
58 Chandrakant Bhagavantrao 31/12/2021 22/04/2022 1,84,583
Shinde
59 Dhanaji Rajaram Warungase 31/05/2020 17/12/2020 94,996
60 Sushila Bhausaheb Gaikwad 30/06/2019 30/01/2020 4,57,110
61 Uttam Bhagwant Nirbhavane 31/03/2018 12/09/2018 2,80,799
62 Ramesh Shamrao Sonwane 30/06/2019 14/06/2019 1,18,152
63 Jyoti Pandharinath Nikumbh 31/01/2020 18/11/2020 2,11,339
64 Rajendra Karbhari Gangurde 30/11/2021 01/12/2021 60,917
65 Ashok Karbhari Gangurde 30/11/2019 30/01/2020 78,446
66 Nirmala Ukhaji Nikam 28/02/2021 28/02/2021 1,36,003
67 Dasharath Bhaurao Chitte 31/03/2021 19/07/2021 1,33,815
68 Balkrishana Shankar Pathade 31/07/2020 05/08/2020 1,12,058
69 Mangala Gopichand Ahirrao 31/03/2020 09/10/2020 1,42,799
70 Meena Sitaram Nikam 30/06/2020 26/09/2020 96,032
71 Kiran Damodhar Wagh 30/04/2018 13/11/2017 33,751
72 Mandakini Kiran Wagh 31/08/2020 02/11/2020 1,07,743
73 Vasant Maharu Bachchav 31/05/2021 14/08/2021 88,805
74 Prakash Pandurang Talape 31/05/2021 19/07/2021 1,67,523
75 Subhash Sakharam Jagzap 31/05/2022 18/05/2020 2,33,158
76 Asha Bhikaji Ahire 30/05/2021 07/07/2021 1,68,612
77 Shobha Murlidhar Suryawanshi 31/05/2022 17/03/2022 1,97,341
78 Rakhmabai Balkrushna Pawar 31/01/2022 10/08/2022 1,92,784
79 Rajendra Gangadhar Bankar 31/08/2022 15/04/2023 1,88,598
80 Hiralal Punjaram Shevale 31/05/2020 05/08/2020 91,381
81 Gorakhnath Pandharinath 31/05/2021 20/03/2021 2,05,663
Pardeshi
82 Sunanda Navasa Ahire 31/05/2019 17/12/2019 53,290
83 Sunanda Ramchandra Nikam 30/06/2020 10/12/2020 87,680
84 Surekah Dattatray Pathak 31/05/2021 07/07/2021 1,46,038
85 Rajni Panditrao Ushir 31/10/2018 15/12/2018 34,911
86 Prakash Laxman Vaishnav 31/08/2022 20/07/2022 3,56,139
87 Pramila Ashok Mohite 30/09/2022 20/10/2022 2,59,789
88 Bhausaheb Yashwant Kangane 31/05/2022 07/09/2022 2,70,635
89 Sharda Ashok Chaudhari 31/07/2022 28/09/2022 1,34,038
90 Gangadhar Baburao Dhatrak 31/05/2022 05/07/2022 1,39,293
91 Anita Rajendrakumar Nagarkar 30/09/2022 19/08/2022 2,28,740
92 Shashikant Gorakhanath Ahire 31/05/2022 21/11/2022 2,82,932
93 Vimal Bhagvant Shinde 31/05/2021 03/08/2021 1,54,344
Sneha Chavan
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 the wrongful revision of
their pay scales or orchestrating a 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 undertakings were extracted from some of them.
5. The learned Advocate representing the Zilla Parishad as well as
the learned A.G.P., 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 (Aurangabad Bench) on 1.9.2021, 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 as that 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.
11. Rule is made absolute accordingly.
(M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)
