Bombay High Court
Madhao Nilkanth Pande vs The State Of Maharashtra Thr. Principal ... on 13 September, 2024
Author: A. S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-AS:37043-DB
4-WP-12562-24 JUDGMENT.doc Rameshwar Dilwale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12562 OF 2024
Shri Madhao Nilkanth Pande }
Age-59 years; Occu: Services }
RAMESHWAR
R/at: B-7, Dwarka Sai Paradise, }
LAXMAN Shivsai Lane, Near Lotus Hospital, }
DILWALE
Pimple Saudagar, Pune-411 027. }
Digitally signed by
Mob: 7020955991 }
RAMESHWAR
LAXMAN DILWALE Email: [email protected] } .. Petitioner
Date: 2024.09.18
18:45:58 +0530
Versus
1. The State of Maharashtra }
Through Principle Secretary, }
Higher and Technical Education Dept. }
Govt. of Maharashtra, Mumbai -032 }
2. The Director, }
Technical Education Department-3 }
Mahapalika Marg, Dhobitalav Road, }
Mumbai-400 001. }
3. Joint Director, }
Technical Education Department }
Regional Office Shivaji Nagar, }
Pune-411 016. }
4. The Principal, }
Govt. Polytechnic Awasari (kh) }
Tq-Ambegaon, Dist-Pune-412 405. } .. Respondents
...
Mr. Kailas S. Jadhav with Mr. Sarang Gundajwar, Advocates for
the petitioner.
Mr. V. M. Mali, AGP for the respondent-State.
...
CORAM : A.S. CHANDURKAR &
RAJESH S. PATIL, JJ
DATE : 13th SEPTEMBER, 2024.
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4-WP-12562-24 JUDGMENT.doc Rameshwar Dilwale
ORAL JUDGMENT : (PER : A. S. CHANDURKAR, J)
1. Rule. Rule made returnable forthwith and heard the learned
counsel for the parties. The petitioner is aggrieved by order dated
13/08/2024 passed by the learned Member, Maharashtra
Administrative Tribunal in Original Application No.1067 of 2024.
By that order a prayer for interim relief as made by the petitioner
came to be refused.
2. At the outset, it may be stated that though the challenge
raised is to an interim order passed by the Tribunal, it would be
necessary to note that by the impugned order, a recovery has been
directed from the salary of the petitioner prior to three months of
his superannuation on 31/10/2024.
3. Prima facie, we find that the alleged excess payment pertains
to the period from 23/07/2008 to 22/07/2011. The order of
recovery is dated 25/06/2024. In paragraph 12 (II and III) of the
judgment of the Supreme Court in State of Punjab and others etc
Vs. Rafiq Masih (White Washer) etc., 2015 4 SCC 334, recovery
from an employee due to retire within a period of one year of the
order of recovery has been treated as impermissible. Similarly, the
excess payment has been made prior to five years before the order
of recovery was issued which is also impermissible.
4. We therefore find that a prima facie case for grant of interim
4-WP-12562-24 JUDGMENT.doc Rameshwar Dilwale
relief was made out. We are required to interfere since the
impugned order causes grave prejudice to the petitioner and
seeks to undertake recovery just prior to three months of his
superannuation. We therefore consider it to be a fit case to
entertain the writ petition under Article 226 of the Constitution of
India.
5. Accordingly, the following order is passed:-
i) It is directed that during the pendency of
Original Application No.1067 of 2024, the effect of the
communication dated 01/07/2024 shall remain
stayed. In other words, no recovery for the months of
September and October 2024 shall be effected from
the petitioner's salary. This direction is subject to final
outcome of the Original Application.
ii) It is clarified that observations made herein are
only for considering the prayer for interim relief. The
Original Application shall be decided on its own merits
and in accordance with law.
iii) Rule is disposed of in aforesaid terms with no
order as to costs.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
