RAMCHANDRA BHAILAL SADIWALA Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) HEARD Ms. Kruti M. Shah, learned advocate for the petitioners, Mrs.V.D.Nanavati, learned advocate for respondent University and learned A.G.P. Mr.Udit Mehta for the State Authorities.

(2.) THE petitioners have retired from the service of the respondent Gujarat University. All have retired prior to 31st March, 2001. From their retirement dues, some amount is ordered to be recovered, which is the subject matter of challenge in this petition.

(3.) THE Government issued an order on 2nd May, 2001 holding that the decision of the University to rationalise the pay scale of clerks, somewhere in the year 1982, was without authority and therefore, the excess amount paid, was decided to be recovered by the Government. However, decision was taken by the Government by the impugned order that, those who are in service as on 1st April, 2001, in their cases recovery is waived, however, those who have retired prior thereto i.e. up to 31st March, 2001, like the petitioners, from them, recovery of excess payment shall be made even from their retirement dues. It is this decision which has given rise to this petition. The details of each petitioner about his date of retirement and amount recovered are as under: <FRM>JUDGEMENT_2393_TLGJ0_2013.htm</FRM>