LATA GAJANAN WANKHEDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. The petition is heard finally at the stage of admission with the consent of the learned counsel for the parties.

(2.) By this writ petition, the petitioner has sought a declaration that the action on the part of the respondents in recovering the excess amount that was mistakenly paid to the petitioner while in service, after her retirement, is grossly illegal and is liable to be set aside.

(3.) The learned counsel for the petitioner vehemently argued that the respondents are not justified in seeking the recovery of the amount of Rs.3,04,475/ which was wrongfully paid to the petitioner while in service, after the petitioner is voluntarily retired from the service. The learned counsel placed reliance upon the judgment reported in the case of State of Punjab and others .vs. Rafiq Masih, 2015 AIR(SC) 696 and contended that an amount mistakenly paid to an employee in excess, while in service and without his misrepresentation, cannot be recovered from the employee after his retirement.