KALPANA CHANDRAKANT GORHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

(2.) The present writ petition under Article 226 of the Constitution of India has been instituted by the petitioner seeking quashing and setting aside of (i) the order dtd. 10/5/2024 passed by respondent no.2 whereby the upgradation earlier granted to the petitioner was revised retrospectively and recovery of alleged excess payment was ordered, and (ii) the consequential order dtd. 6/9/2024 passed by respondent no.3 directing recovery of an amount of Rs.4,98,368.00. The petitioner further seeks a direction to the respondents to refund the amount already recovered and to issue a revised pension payment order by reckoning the petitioner's correct pay scale of Rs.57,500.00 instead of Rs.55,800.00, along with all consequential pensionary and retirement benefits.

(3.) The factual matrix, which is largely undisputed, reveals that the petitioner was appointed as an Auxiliary Midwife Nurse on 2/11/1992 with the respondent Municipal Corporation and continued to serve on the same post without interruption until her superannuation on 31/5/2023. At the time of her appointment and during the relevant period of service, the service conditions governing employees of the Municipal Corporation provided for grant of upgradation/higher pay scale upon completion of seven years of continuous service. In accordance with the said prevailing service rules and policy, the petitioner was granted the benefit of upgradation with effect from 4/1/1999 by an order dtd. 26/4/2001. At that point of time, there was no dispute or objection raised by any authority, including the audit department, regarding the legality of such grant.