DATTATRAYA KALU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition filed under Article 226 of Constitution of India, the petitioner is seeking the following reliefs :

(2.) It is the case of the petitioner that as the petitioner was possessing the requisite qualification, the respondent no.5 appointed the petitioner as Extension Officer Statistics by appointment order dtd. 19/10/1994. It is further contended by the petitioner that after having found that the petitioner is eligible for grant of higher pay scale, the respondent no.5 has awarded higher pay scale and increments to the petitioner as per the government policy.

(3.) It is also the case of the petitioner that while the petitioner was due for retirement on attaining the age of superannuation i.e. on 31/5/2018, the respondent no.5 has forwarded the proposal for grant of pensionary benefits in favour of the petitioner to respondent no.3 on 29/11/2007. Respondent no.6, the Block Development Officer, Panchayat Samiti Erandol, however, issued an order dtd. 15/1/2018 thereby carrying out the revised pay fixation of the pay scale of the petitioner and on that basis held that the petitioner has been paid Rs.1,35,518.00 in excess under wrong pay fixation. It is further contended by the petitioner that as stated earlier while the proposal for grant of pensionary benefits was submitted on 29/11/2017 i.e. before six months of the retirement of the petitioner, the said pay fixation was carried out and resultantly by an impugned order dtd. 11/6/2018, respondent no.4/Deputy Chief Executive Officer of the Zilla Parishad, Jalgaon recovered the said amount of Rs.1,35,518.00 from the pensionary benefits of the petitioner. The petitioner therefore has approached this Court with the aforesaid prayers.