NAEEM AHMEDKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . Rule made returnable forthwith and heard finally with the consent of the parties. The matter was heard on 13th November 2013 and further heard today.

(2.) THIS Writ Petition arises as the State is trying, after retirement of the employee, to re -fix the pay by ignoring increments wrongly granted as the employee had not passed professional examination and to recover the excess amount paid.

(3.) AGAINST such claims of the Petitioner, Respondent Nos. 1 to 3 vide affidavit dated 15th January 2013 claim that the G.R. Dated 1st November 1977 issued by the Government of Maharashtra granted exemption to the employees only from "departmental examination" if an employee attains the age of 45 years. However, the said exemption is not granted to the employees from passing "professional examination" which is mandatory provision laid down in Appendix 2 of the Public Works Manual. According to these Respondents Petitioner was exempted only from departmental examination. After the Petitioner was promoted to the post of Store Keeper from the post of Assistant Store Keeper, he ought to have passed professional examination which is mandatory. He never passed the same and he was wrongly and illegally promoted to the post of Store Keeper and was continued on the same post till his retirement on superannuation dated 31st October 2009. As Petitioner did not pass the professional examination for the post of Store Keeper so the annual increment paid to him from 1st October 2000 was cancelled vide office order No.35 of 2011 dated 27th January 2011 and over payment of Rs.2,26,331/ - was directed to be recovered. Recovery initiated is as per rule.