AJABRAO RAMBHAU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. Learned AGP Smt. R.P. Gour waives service for respondent no.1 and learned advocate Mr. Subhash Chillarge waives service for respondent nos.2 and 3. At the joint request of the parties, the matter is heard finally at the stage of admission.

(2.) The petitioner challenges the judgment and order dtd. 5/11/2019 passed by the Maharashtra Administrative Tribunal, Bench at Aurangabad in Original Application No.69 of 2018. In his Original Application, the petitioner had challenged the order dtd. 24/1/2018 directing recovery of amount of Rs.2,58,711.00 from his retirement benefits. By the impugned judgment, the Tribunal has dismissed the Original Application.

(3.) The petitioner was appointed as Technical Assistant in the office of respondent no.3 on 16/2/1982, which post was abolished and the petitioner came to be absorbed on the post of Civil Engineering Assistant w.e.f. 1/1/1989. He had passed Sub Overseer examination on 18/5/1985 and by order dtd. 3/8/2004, he was promoted on the post of Sub Overseer by granting deemed date of promotion as on 18/5/1985. On account of completion of 12 years of service from the date of initial appointment of 16/2/1982, he was granted financial upgradation under the Time Bound Promotion scheme w.e.f. 1/10/1994. On completion of 24 years of service, he was granted benefit of second Time Bound Promotion with effect from 1/10/2006. Later, he was promoted to the post of Junior Engineer, Class-II, Non Gazetted post by order dtd. 2/7/2007. On attaining the age of superannuation, he retired from service on 31/8/2017. Upon submitting his pension papers, the Accountant General, Mumbai formed an opinion that the petitioner's services from the date of initial appointment of 16/2/1982 could not be counted for Time Bound Promotion and the same were required to be counted from the date of his absorption as Civil Engineering Assistant w.e.f. 1/1/1989. Accordingly, refixation of petitioner's pay was done and an amount of Rs.2,58,711.00 was directed to be recovered.