GANGADHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of parties, taken up for final hearing at admission stage.

(2.) In all these matters, the petitioners assail the orders claiming recovery from them on account of wrong pay fixation.

(3.) Mr. Kulkarni, the learned counsel for petitioners, strenuously contends that recovery in all these matters is beyond five (05) years. Some of the petitioners have retired and some of the petitioners are on the verge of retirement. The learned counsel submits that in such cases, recovery cannot be claimed against the petitioners even assuming that the pay fixation was wrong. According to the learned counsel, the pay fixation was not on account of any misrepresentation on the part of the petitioners. In such cases, recovery cannot be claimed. The counsel for the petitioners placed reliance on the judgment of the Apex Court in a case of State of Punjab and others v/s. Rafiq Masih (White Washer) dtd. 18/12/2014.